Law & Humanities Blog |
Posted: 13 Sep 2013 11:44 AM PDT Katherine Biber, University of Technology, Sydney, Faculty of Law, is publishing In Crime's Archive: The Cultural Afterlife of Criminal Evidence in the British Journal of Criminology. Here is the abstract. This article explores the cultural afterlife of criminal evidence. During the criminal trial, strict rules govern the collection, admission and interpretation of evidence at trial. However, after the conclusion of the trial, this material returns to a notional 'archive' and is sometimes used by artists, scholars, curators and others, but subject to no rules nor standards. This article examines a range of instances in which criminal evidence has been used post-trial, and proposes a jurisprudence of sensitivity for responding to the harm that is sometimes done when criminal evidence leads a cultural afterlife.Download the article from SSRN at the link. |
Posted: 13 Sep 2013 09:47 AM PDT Mary B. Trevor, Hamline University School of Law, is publishing Ostriches, Trees, the 'Perfect Trial,' and Sci-Fi: A Social Science Analysis of the Impact of Humor in Judicial Opinions in volume 45 of the University of Toledo Law Review (2014). Here is the abstract. In the legal profession, understanding — or at least, formal analysis — of humor and its impact is in its infancy. Lawyers and judges are not trained to use or understand humor, although all would acknowledge that humor, cringe worthy or otherwise, is by no means unknown in the practice of law. But for most intents and purposes, we pretend that humor is not part of legal culture. When humor is addressed in the law school or professional advocacy context, for example, it typically gets short shrift: don't try to be funny. Resources on judicial opinion writing, in particular, generally advise that humor is inappropriate, and commentators on judicial humor have offered similar, mostly negative, assessments. Download the article from SSRN at the link. |
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