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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: 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: John Bevan Coulson Tregarthen
Publisher:
ISBN:
Category : Evidence (Law)
Languages : en
Pages : 172
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Book Description
Author: Paul Roberts
Publisher: Oxford University Press
ISBN: 0199231648
Category : Language Arts & Disciplines
Languages : en
Pages : 772
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Book Description
Based on Adrian Zuckerman's 'The Principles of Criminal Evidence', this book presents a comprehensive treatment of the fundamental principles & underlying logic of the law of criminal evidence. It includes changes relating to presumption of innocence, privilege against self-incrimination, character, & the law of corroboration.
Author: Karim A. A. Khan
Publisher:
ISBN: 0199588929
Category : Law
Languages : en
Pages : 876
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Book Description
Principles of Evidence in International Criminal Justice provides an overview of the procedure and practice concerning the admission and evaluation of evidence before the international criminal tribunals. The book is both descriptive and critical and its emphasis is on day-to-day practice, drawing on the experience of the Yugoslavia, Rwanda and Sierra Leone Tribunals. This book is an attempt to define and explain the core principles and rules that have developed at those ad hoc Tribunals; the rationale and origin of those rules; and to assess the suitability of those rules in the particular context of the International Criminal Court which is still at its early stages. The ICC differs in structure from the ad hoc Tribunals and approaches the legal issues it has to resolve differently from its predecessors. The ICC is however confronted with many of the same questions. The book examines the differences between the ad hoc Tribunals and the ICC and seeks to offer insights as to how and in which circumstances the principles established over years of practice at the ICTY, ICTR and SCSL may serve as guidance to the ICC practitioners of today and the future. The contributors represent a cross-section of the practicing international criminal bar, drawn from the ranks of the Bench, the Prosecution and the Defence and bringing with them different legal domestic cultures. Their mixed background underlines the recurring theme in this book which is the manner in which a legal culture has gradually taken shape in the international Tribunals, drawing on the various traditions and experiences of its participants.
Author: G. Michael Fenner
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 620
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Book Description
"Professor G. Michael Fenner's book provides a clear, easy-to-follow discussion of the hearsay rule. This text should be used in every law school evidence classroom." -TRIAL Magazine, December 2003 Hearsay is the most difficult part of an Evidence course and, for many, the most difficult rule of evidence to understand and apply in the practice of law. This treatise on hearsay will be invaluable for students, practitioners, and judges -- anyone involved with the law of evidence. Chapter 1 explains the basic concept using both time-tested and brand-new ways of seeing and understanding the subject. Other chapters take a foundational approach to the exclusions and exceptions. One of these chapters includes important new ways to use the residual exception. Yet other chapters take a foundational approach to hearsay exceptions found outside of the rules of evidence, such as exceptions in the Federal Rules of Civil and Criminal Procedure. Fenner offers chapters on multiple levels of hearsay, on evidence that is inadmissible hearsay to one issue and admissible hearsay to another, on the interrelation between the hearsay rule and the competence of witnesses (including ways in which a lawyer with an incompetent witness might be able to use hearsay to get that witness's evidence before the trier of fact), and much more. The Hearsay Rule includes discussions of, and commentary on, ways in which the rules can be used to advance the student's or the advocate's goals and on the many ways various rules interrelate -- topics not commonly addressed in other works. No other treatise gives the student and the lawyer this kind of help with hearsay. "This treatise on hearsay will be invaluable for students, practitioners, judges, or anyone involved with the law of evidence." -McGill, Gotsdiner, Workman & Lepp, P.C., L.L.O. "In my experience, it is rare for a law school text to be equally valuable to practitioners and judges. The Hearsay Rule is one of these rare books. Used as a text at a number of law schools, it is organized to provide both a ready reference and an in-depth treatment of the hearsay rule." -Barbara Fritschel, Law Library Journal"Professor G. Michael Fenner's book provides a clear, easy-to-follow discussion of the hearsay rule. This text should be used in every law school evidence classroom. . . . The uniformity of his analysis helps the reader develop a construct to evaluate hearsay. . . This book would be a great addition to a new lawyer's collection, and it should be used widely in law schools since it so clearly sets forth the hearsay rule in its various permutations. More experienced lawyers who believe they know it when they se it would benefit from this helpfull refresher." --Trial (December 2003)
Author: Scottish Law Commission
Publisher:
ISBN: 9780102177954
Category : Evidence (Law)
Languages : en
Pages : 103
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Book Description
Author: Great Britain. Law Reform Committee
Publisher:
ISBN:
Category : Evidence (Law)
Languages : en
Pages : 30
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Book Description
Author: Anthony Olen Rider
Publisher:
ISBN:
Category : Evidence, Hearsay
Languages : en
Pages : 72
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Book Description
Author: Charanjit Singh
Publisher: Routledge
ISBN: 1134650442
Category : Law
Languages : en
Pages : 608
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Book Description
Unlocking Evidence will ensure that you grasp the main concepts with ease providing you with an indispensable foundation in the subject. The book explains in detailed, yet straightforward, terms: The burdens and standards of proof Testimony of witnesses Disclosure of evidence and protection from disclosure; privilege and public interest immunity Course of trial Hearsay Confessions and other illegally obtained evidence Evidence of bad character in criminal proceedings Admissibility of bad character evidence of defendants Corroboration, lies, care warnings and identification evidence Opinion, documentary and real evidence This second edition is fully up-to-date with the latest changes in the law and now includes discussion of witness anonymity, an expanded section on special measures, more detail on illegally obtained evidence, plus discussion of the context of the law, such as an increasing emphasis on victims. The Unlocking the Law series is designed specifically to make the law accessible. Each chapter opens with a list of aims and objectives, contains activities such as quick quizzes and self-test questions, key facts charts to consolidate your knowledge, and diagrams to aid learning. Cases and judgments are prominently displayed, as are primary source quotations. Summaries help check your understanding of each chapter, there is a glossary of legal terminology. New features include problem questions with guidance on answering, as well as essay questions and answer plans, plus cases and materials exercises.
Author: Jon R. Waltz
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 500
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Book Description
The updated edition of this introductory text thoroughly explores all of the important rules dealing with the use of evidence in criminal proceeding. The author uses extensive case analyses and samples of testimony from actual cross-examinations to simplify even the most technical and arcane evidence rules. Difficult topics such as the use of hearsay evidence are covered, along with the latest Supreme Court decisions on evidence admissibility and the protection of civil rights. The book is written in jargon-free language, avoiding legalese" as it is intended for the general reader. New material includes an appendix of the complete text of the Federal Rules of Evidence, now adopted in most states."
