A Practical Guide to Bad Character Evidence for Criminal Practitioners PDF Download
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Author: Aparna Rao
Publisher:
ISBN: 9781913715267
Category :
Languages : en
Pages : 226
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Book Description
Designed to cover each stage of the process, from identifying bad character, getting it past the gateways, and directing the jury on its use, 'A Practical Guide to Bad Character Evidence' is your one-stop reference text when prosecuting and defending criminal trials in England and Wales. It separates the theory from the reality, providing examples and common-sense guidance on the scope and limitations of the use of bad character evidence. Since bad character evidence pervades the trial process, sometimes in unexpected ways, it is vital that practitioners have an understanding of the up-to-date legal position and how it works in practice. Each chapter focuses on a different stage or concept, breaking down the legislative tests and distilling the key cases in a clear and structured way. Chapters contain handy sub-headings to facilitate quick lookup, and the user is guided to other relevant headings and cases that will assist. There is also an index of cases to help with ready navigation. CONTENTS Chapter 1 - Introduction Chapter 2 - What Is Bad Character Evidence Chapter 3 - Section 100 Non-Defendant Bad Character Chapter 4 - Section 101 Defendant Bad Character Chapter 5 - Exclusions Chapter 6 - Jury Directions and Standard of Proof Chapter 7 - Conclusion
Author: Aparna Rao
Publisher:
ISBN: 9781913715267
Category :
Languages : en
Pages : 226
Get Book Here
Book Description
Designed to cover each stage of the process, from identifying bad character, getting it past the gateways, and directing the jury on its use, 'A Practical Guide to Bad Character Evidence' is your one-stop reference text when prosecuting and defending criminal trials in England and Wales. It separates the theory from the reality, providing examples and common-sense guidance on the scope and limitations of the use of bad character evidence. Since bad character evidence pervades the trial process, sometimes in unexpected ways, it is vital that practitioners have an understanding of the up-to-date legal position and how it works in practice. Each chapter focuses on a different stage or concept, breaking down the legislative tests and distilling the key cases in a clear and structured way. Chapters contain handy sub-headings to facilitate quick lookup, and the user is guided to other relevant headings and cases that will assist. There is also an index of cases to help with ready navigation. CONTENTS Chapter 1 - Introduction Chapter 2 - What Is Bad Character Evidence Chapter 3 - Section 100 Non-Defendant Bad Character Chapter 4 - Section 101 Defendant Bad Character Chapter 5 - Exclusions Chapter 6 - Jury Directions and Standard of Proof Chapter 7 - Conclusion
Author: J R Spencer
Publisher: Hart Publishing
ISBN: 9781841139814
Category : Law
Languages : en
Pages : 338
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Book Description
This is the second edition of John Spencer's now well established book which seeks to explain this complex area of law for the benefit of members of judges, criminal practitioners and academics teaching the law of evidence. In the past, the rule excluding evidence of the defendant's general bad character and disposition to commit the offence was sometimes described as one of the most hallowed rules of evidence; Lord Sankey, in Maxwell v DPP, referred to it as '...one of the most deeply rooted and jealously guarded principles of our criminal law.' In reality it was not particularly ancient, and in recent years was increasingly attacked. On technical grounds the body of law surrounding it was criticised as over-complicated and inconsistent, and more radical critics condemned it as unduly favourable to the guilty. In response to this, the law was completely recast in Part II of the Criminal Justice Act 2003. This book, now updated to take into account a raft of new cases, offers a thorough analysis of the bad character provisions of the Criminal Justice Act 2003 in the light of the way in which they have been interpreted by the courts From the reviews of the first edition: 'It is difficult to see how this complex legislation could be presented or explained more clearly...essential for all criminal practitioners.' Nigel Pascoe QC, Counsel '...a concise, highly portable and valuable little book.' Benedict Mills, New Law Journal '...a thorough and remarkably clear analysis of the bad character provisions...You can expect to see this book produced widely in court.' Andrew Keogh, Crimeline Updater '...the commentary is of a high and scholarly standard...It is small and light enough to be slipped into the case of travelling counsel, and is likely to be considered authoritative enough to be cited in court...should be required reading for counsel and the judiciary.' Jon Mack, Internet Law Book Reviews 'An outstanding account of a difficult topic in the law of evidence' Professor Andrew Choo, University of Warwick.
Author: Richard Padley
Publisher:
ISBN: 9781912687732
Category :
Languages : en
Pages : 150
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Book Description
This book takes the practitioner through all stages of the process from initial identification of the need for expert evidence, through to maximising the benefit of this evidence at trial.
Author: Mike Redmayne
Publisher: Oxford University Press, USA
ISBN: 0199228892
Category : Law
Languages : en
Pages : 321
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Book Description
The use of character in the criminal trial raises a number of controversial issues such as the nature of criminal responsibility, the link between past and future behavior, and the way juries and judges reason about evidence of prior wrongdoing. This book reassesses and reflects on the significance of the law's increasing emphasis on character.
Author: Roger E. Salhany
Publisher:
ISBN: 9780779828036
Category : Evidence, Criminal
Languages : en
Pages : 259
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Book Description
Author: Roger E. Salhany
Publisher:
ISBN: 9781774622612
Category : Evidence, Criminal
Languages : en
Pages : 244
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Book Description
"This practical guide to criminal evidence - first published in 1990 - provides a succinct and clear explanation of the different kinds of evidence admissible in criminal cases, the rules excluding certain categories of evidence, and the exceptions to those rules. Comprehensive without being encyclopedic or overwhelming, the work is an ideal study aid for law students learning about the criminal process, graduates preparing for the bar exam, or legal practitioners in need of a handy courtroom reference."--
Author: Richard Padley
Publisher:
ISBN: 9781914608506
Category :
Languages : en
Pages : 0
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Book Description
In recent times the use of expert evidence has hit the headlines when scrutiny over the expert's qualifications and experience has undermined the credibility of their evidence. This has rapidly become an area of law that practitioners cannot afford to get wrong. This book takes the practitioner through all stages of the process from initial identification of the need for expert evidence, through to maximising the benefit of this evidence at trial. It considers the practical steps required for adducing expert evidence at trial (noting the appropriate procedure rules and practice directions), and how this can most appropriately be presented to the tribunal (including references to key authorities as appropriate). The second edition of this book provides an update in relation to matters of admissibility and the use of expert evidence, but also expands on the types of expert evidence that practitioners may come across in their own work. It aims to provide the practitioner with a level of understanding of these fields that can be used to build confidence when tackling an expert report and challenging an expert in court. With that in mind it is suitable for both junior practitioners coming across these areas of expertise for the first time and seeking to build their knowledge afresh, as well as the more seasoned practitioner seeking to refresh their knowledge as well as understanding some of the greater detail surrounding the various fields of expertise. CONTENTS Ch 1 - An Introduction to Expert Evidence - What is an expert report? Who can be an expert? The independence of expert witnesses Ch 2 - The use of Expert Evidence in Criminal Proceedings - covering case management, unused material, the presentation of expert evidence in court, directing the jury Ch 3- An introduction to the use of psychiatric evidence in the criminal justice system Ch 4 - Fitness to Plead - An overview of the fitness to plead procedure, including how it can be used in both the Magistrates' and Crown Court, how it is established, and how an acts hearing is conducted Ch 5 - Insanity - How to establish insanity and the consequences of the return of the 'special verdict' Ch 6 - The utility of psychiatric evidence in establishing self defence Ch 7 - Disposal of cases involving elements of mental health treatment - an overview of the options available to the court Ch 8 - Digital Forensics - the principles for obtaining digital evidence, powers to obtain digital material from within the UK and from abroad, principles of examining devices for digital material, issues arising from the disclosure of gitial material. Ch 9 - Cell Site Evidence - What is it? How it can be used? What are its limitations? How can it be challenged? Ch 10 - Modern Slavery - How can an expert assist with matters of modern slavery? Ch 11 - Gangs, Lyrics and Association - When can the prosecution rely on evidence of gang assocation and music lyrics? Ch 12 - An introduction to Forensic Science - How does forensic science fit within the criminal justice system? Ch 13 - Fingerprint Analysis - Recovering and examining fingerprints; cognitive bias in fingerprint examination. Ch 14 - Firearms - analysis of firearms and ballistics; rifling and the identification of firearms; firearm discharge residue. Ch 15 - The use of DNA in Criminal Proceedings - an overview of the science; sources of DNA; interpretation of DNA; establishing the evidential significance of a match; the prosecutor's fallacy; limitations of the science Ch 16 - The use of statistics in forensic science - random match probability; liklihood theory; bayesian theorum; statistical evidence in court. Ch 17 - General tips when using expert evidence
Author: John R. Spencer
Publisher:
ISBN: 9781509900077
Category : Admissible evidence
Languages : en
Pages :
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Book Description
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216
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Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author: Gerald F. Uelmen
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 250
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Book Description
Make evidence disappear with a wave of your magic wand! California law students and practicing lawyers can become wizards in the courtroom with the help of this concise guide to the California Evidence Code. Hundreds of practical illustrations are offered by means of practice transcripts which are extensively cross-referenced. Frequent comparisons to the Federal Rules of Evidence are offered, as well as review problems with sample answers. The text also includes helpful charts, summaries and review problems. California Evidence: A Wizard's Guide will be helpful to law student, practitioners and judges.