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Author: Charles W. Gamble
Publisher:
ISBN:
Category : Admissible evidence
Languages : en
Pages : 104
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Book Description
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: 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: United States
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 1716
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Book Description
Author: John R. Spencer
Publisher:
ISBN: 9781509900077
Category : Admissible evidence
Languages : en
Pages :
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Author:
Publisher: GRIN Verlag
ISBN: 3346525953
Category : Law
Languages : en
Pages : 6
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Book Description
Academic Paper from the year 2021 in the subject Law - Civil Action / Lawsuit Law, grade: 5.0, University of Lagos (Law), course: Law, language: English, abstract: This paper sets out to analyze the application of good and bad character evidence to criminal proceedings within the corpus of the Evidence Act, 2011. The term "character" has been defined by several legal writers and Judges for the purpose of determining its scope in the light of the law of evidence. The general consensus from the several definitions is that “character” is the general reputation as opposed to his disposition. Under the Nigerian Evidence Act 2011, the same definition was given pursuant to section 77 which defines the expression “character” to mean reputation as distinguished from disposition. It goes on to state that except as mentioned in sections 78 to 82, evidence may be given only of the general reputation, and not of the particular acts by which reputation or disposition is shown. Unlike in civil proceedings, the Evidence Act creates a distinction between bad and good character for the purpose of determining the admissibility of character evidence in criminal proceedings.
Author: Charles W. Gamble
Publisher:
ISBN:
Category : Admissible evidence
Languages : en
Pages : 104
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Book Description
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: Peter Murphy
Publisher: OUP Oxford
ISBN: 0199216282
Category : Language Arts & Disciplines
Languages : en
Pages : 765
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Book Description
'Murphy on Evidence' bridges the gap between the academic and practical treatment of the law of evidence. Written by an author with many years of experience in both practice and teaching, this book contains a comprehensive academic analysis of the law and a wealth of information on how the law is applied.
Author: J R Spencer
Publisher: Bloomsbury Publishing
ISBN: 1782252932
Category : Law
Languages : en
Pages : 506
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Book Description
The Criminal Justice Act 2003 re-wrote the hearsay evidence rule for the purpose of criminal proceedings, enacting the recommendations of the Law Commission together with some proposals from the Auld Review. In 2008, Professor Spencer wrote a book explaining the new law, intended for practitioners as well as academics. Following the style of his earlier book about the new law on bad character evidence, the core of the hearsay book was a section-by-section commentary on the relevant provisions of the Act, discussing the case law that had interpreted them. Since the appearance of the first edition, the new law on hearsay evidence has been the subject of a spectacular exchange between the UK Supreme Court and the European Court of Human Rights, the effects of which the Court of Appeal has interpreted in several leading cases. In this new edition, the commentary is revised to take account of these developments. As in the first edition, the commentary is preceded by chapters on the history of the hearsay rule, and the requirements of Article 6(3)(d) of the European Convention on Human Rights. It is followed by an appendix containing the text of the statutory provisions and a selection of the leading cases.
Author: Kenneth S. Broun
Publisher:
ISBN: 9780327163572
Category : Evidence (Law)
Languages : en
Pages :
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Book Description
