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Who is telling the truth? Psychology, common sense and the law
被引:0
|作者:
McClellan, Hon Justice Peter
[1
]
机构:
[1] Supreme Court New South Wales, Land & Environm Court New South Wales, Common Law, Sydney, NSW, Australia
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D O I:
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中图分类号:
D9 [法律];
DF [法律];
学科分类号:
0301 ;
摘要:
Thera are two levels of truth. Real truth and perceived truth. Although real truth Is what actually happened perceived truth informs most of our understanding of the world. The law has traditionally devised Its own rules of human behaviour and created its own norms for interpreting that behaviour. The Jury system is both a symbolic and practical manifestation of the faith the community places In a process In which lay people are required to decide who is telling the truth. Juries are directed to employ their "common sense and experience of the world in coming to their decision. Although common sense" is a helpful guide, commonly held perceptions may not always accord with that scientific record There is a need for a constant dialogue between the lawyer and the psychologist in the search for truth.
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页码:655 / 666
页数:12
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