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Evidence Of Bad Character

Author: J R Spencer
Publisher: Bloomsbury Publishing
ISBN: 1509900055
Size: 48.46 MB
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This is the third edition of J R Spencer's now well established book which seeks to explain this area of law for the benefit 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 as the years went by it 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 11 of the Criminal Justice Act 2003. This book, now again updated to take account of further legislative changes, case-law and academic writing, 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.

Hearsay Evidence In Criminal Proceedings

Author: J R Spencer
Publisher: Bloomsbury Publishing
ISBN: 1782252940
Size: 23.34 MB
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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.

Case Management In Criminal Trials

Author: Roderick Denyer
Publisher: Bloomsbury Publishing
ISBN: 1847318819
Size: 42.62 MB
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Since the first edition of this book - the first on the new system of case management in Crown Courts - much has happened, and the controversial and often misunderstood elements of case management have gradually evolved into a system which now appears to be having its intended effect. This book is designed to provide all those who work in the Crown Courts -judges, administrators, barristers and solicitors - with a one-stop guide to the day-to-day practical problems that arise both before and during trial. In particular it deals with all the problems that pre-trial case management can pose as well as those management type problems that can arise during the course of a trial such as problems with jurors, witnesses and absent defendants. It deals with all the main applications such as bad character disclosure and abuse of process. This is a unique and invaluable work of reference for all lawyers whose work brings them into contact with the Crown Court, as well as students studying for their Bar Finals.

Simester And Sullivan S Criminal Law

Author: A P Simester
Publisher: Bloomsbury Publishing
ISBN: 1509912037
Size: 35.83 MB
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This is the new edition of the leading textbook on criminal law by Professors Simester and Sullivan, now co-written with Professors Spencer, Stark, and Virgo. Simester and Sullivan's Criminal Law is an outstanding account of modern English criminal law, combining detailed exposition and analysis of the law with a careful exploration of its theoretical underpinnings. Primarily, it is written for undergraduate students of criminal law and it has become the set text in many leading universities. Additionally, the book is used as an important point of reference in academic writing and postgraduate research in England and abroad. Simester and Sullivan's Criminal Law has been cited by appellate courts throughout the world. The sixth edition is comprehensively updated throughout to set out and analyse all key development in the field with the work's trademark clarity and critical rigour. Review of the Fifth Edition 'undoubtedly a first-rate companion for any undergraduate or post-graduate law course. Since attaining international recognition and citation in appellate courts worldwide, the security of the text's position as a point of academic reference remains as steadfast as ever.' John Taggart BL, Criminal Law Review.

Unlocking Evidence

Author: Charanjit Singh
Publisher: Routledge
ISBN: 1317570685
Size: 73.90 MB
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Unlocking Evidence will help you grasp the main concepts of the subject with ease. Containing accessible explanations in clear and precise terms that are easy to understand, it provides an excellent foundation for learning and revising Evidence. The information is clearly presented in a logical structure and the following features support learning helping you to advance with confidence: Clear learning outcomes at the beginning of each chapter set out the skills and knowledge you will need to get to grips with the subject Key Facts summaries throughout each chapter allow you to progressively build and consolidate your understanding End-of-chapter summaries provide a useful check-list for each topic Cases and judgments are highlighted to help you find them and add them to your notes quickly Frequent activities and self-test questions are included so you can put your knowledge into practice Sample essay questions with annotated answers prepare you for assessment Glossary of legal terms clarifies important definitions This edition has been updated to include the most recent updates in case law and criminal and civil procedure, including developments relating to vulnerable witnesses and character evidence as well as interventions by the trial judge.

Character Evidence In The Criminal Trial

Author: Mike Redmayne
Publisher: Oxford University Press, USA
ISBN: 0199228892
Size: 44.70 MB
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If a defendant is on trial for a crime such as burglary, to what extent should the fact that he has a previous conviction for burglary feature in his trial? Should the prosecution be allowed to tell the jury about the previous conviction as evidence that the defendant is more likely to have committed burglary? Should the judge give the defendant a longer sentence because he has a previous conviction? These are the fundamental questions examined in Character in the Criminal Trial. Including an in-depth analysis of the character evidence provisions of the Criminal Justice Act 2003, this book assesses the arguments for and against using character evidence to prove a defendant's guilt. It explores the sentencing provisions in the same Act, as well as the general use of criminal record and other character evidence to aggravate and mitigate sentence. Issues examined in the course of the book include: psychological and philosophical debates about the stability of character; criminological research on recidivism and the nature of criminal careers; ethical debates about the use of prior behavior to prove current or future offending; the process of reasoning underlying the use of bad character evidence; whether bad character evidence is prejudicial; and the use of risk assessment instruments to classify offenders as dangerous. By combining insights from law, psychology, criminology, and philosophy, Redmayne reassesses the use of character in the criminal trial and reflects on the significance of the law's increasing emphasis on character.

Illinois Criminal Trial Evidence

Author: Ralph Ruebner
Publisher: Elsevier
ISBN: 1483162001
Size: 31.57 MB
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Illinois Criminal Trial Evidence is intended to assist the work of trial and appellate lawyers and judges. Illinois rules of evidence find their origins in various sources: English common law, American common law, constitutional law, Illinois statutory law, and Illinois Supreme Court rules. Illinois courts begin to selectively adopt some of the federal rules of evidence. Because Illinois is not yet an evidence code jurisdiction, it becomes more and more difficult for lawyers and judges to become thoroughly familiar with the state's rules of evidence. This book identifies those rules of evidence that are applicable to a criminal trial, explains the rules, and offers constructive criticism whenever necessary. This text also provides a table of cases used as reference on the topics discussed for each chapter. This text serves as a law school textbook or as a supplement to other law school trial and evidence publications.

Murphy On Evidence

Author: Peter Murphy
Publisher: OUP Oxford
ISBN: 9780199216284
Size: 15.23 MB
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'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.

Children And Cross Examination

Author: J R Spencer
Publisher: Bloomsbury Publishing
ISBN: 1847319556
Size: 46.83 MB
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In 2009, Stephen Barker was convicted of rape on the evidence of a little girl who was four-and-a-half years old at the trial, and about three-and-a-half when first interviewed by the police. The high point of the proceedings was the child's appearance as a live witness in order for Barker's counsel to attempt a cross-examination. This case focused attention on the need, imposed by current English law, for even tiny children to come to court for a live cross-examination. In 1989, the Pigot Committee proposed a scheme under which the whole of a young child's evidence, including cross-examination, would be obtained out of court and in advance of trial. In 1999 a provision designed to give effect to this was included in the Youth Justice and Criminal Evidence Act, but it has not yet been brought into force. The full Pigot proposal was implemented, however, in Western Australia, and similar schemes operate in a number of European jurisdictions. This book of essays examines a number of these schemes, and argues the case for further reforms in the UK.