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Evidence Of Bad Character

Author: J. R. Spencer
Publisher: Hart Publishing
ISBN: 1841136484
Size: 70.38 MB
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The rule excluding evidence of the defendant's general bad character and disposition to commit the offense has been described as one of the most hallowed rules of evidence. In the UK case Maxwell v DPP, Lord Sankey described it as "...one of the most deeply rooted and jealously guarded principles of our criminal law." In reality, this rule is not particularly ancient, and in recent years the rule has been increasingly attacked. On technical grounds, the body of law surrounding it has been criticized as over-complicated and inconsistent, and more radical critics have condemned it as unduly favorable to the guilty. In response to this, the rule was completely recast in Part II of the UK Criminal Justice Act 2003. This book offers the first thorough analysis of the new provisions. The author, an acknowledged expert on the law of evidence, has been engaged in training lawyers and judges on the effect and scope of the new provisions.

Evidence Of Bad Character

Author: John R. Spencer (LL.B.)
Publisher: Hart Pub Limited
ISBN: 9781841139814
Size: 27.50 MB
Format: PDF, ePub, Docs
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The legal rule excluding evidence of the defendant's general bad character, and disposition to commit the offense, has been described as one of the most hallowed rules of evidence. Britain's Lord Sankey, in Makin v Attorney-General for New South Wales, referred to it as "...one of the most deeply rooted and jealously guarded principles of our criminal law." In reality, the rule is not particularly ancient and in recent years it has been increasingly attacked. On technical grounds, the body of law surrounding it has been criticized as over-complicated and inconsistent, and more radical critics have condemned it as unduly favorable to the guilty. In response to this, it was completely recast in Part II of the UK's Criminal Justice Act 2003. This second edition, now updated to take into account a raft of new cases, offers the most thorough analysis available of the bad character provisions of the Criminal Justice Act 2003.

Hearsay Evidence In Criminal Proceedings

Author: J R Spencer
Publisher: Bloomsbury Publishing
ISBN: 1782252940
Size: 71.48 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.

Q A Evidence 2013 2014

Author: Charanjit Singh
Publisher: Routledge
ISBN: 1136187766
Size: 31.83 MB
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Routledge Q&As give you the tools to practice and refine your exam technique, showing you how to apply your knowledge to maximum effect in an exam situation. Each book contains up to fifty essay and problem-based questions on the most commonly examined topics, complete with expert guidance and fully worked model answers. These new editions for 2013-2014 will provide you with the skills you need for your exams by: Helping you to be prepared: each title in the series has an introduction presenting carefully tailored advice on how to approach assessment for your subject Showing you what examiners are looking for: each question is annotated with both a short overview on how to approach your answer, as well as footnoted commentary that demonstrate how model answers meet marking criteria Offering pointers on how to gain marks, as well as what common errors could lose them: ‘Aim Higher’ and ‘Common Pitfalls’ offer crucial guidance throughout Helping you to understand and remember the law: diagrams for each answer work to illuminate difficult legal principles and provide overviews of how model answers are structured Books in the series are also supported by a Companion Website that offers online essay-writing tutorials, podcasts, bonus Q&As and multiple-choice questions to help you focus your revision more effectively.

The Modern Law Of Evidence

Author: Adrian Keane
Publisher: Oxford University Press
ISBN: 0198811853
Size: 57.67 MB
Format: PDF
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A superbly clear, direct, and detailed explanation of the rules that underpin the law of evidence. The Modern Law of Evidence is a lucid, engaging, and authoritative guide to this fascinating area of study. Straightforward and practical in approach, it also provides concise and focused analysis of the theory behind the law, with an emphasis on recent discussion and current debates. An ideal text for undergraduates and students studying on the Bar Professional Training Course and Legal Practice Course, The Modern Law of Evidence is also an authoritative reference point for practitioners and judges.

Murphy On Evidence

Author: Richard Glover
Publisher: Oxford University Press
ISBN: 0198788738
Size: 68.28 MB
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Murphy on Evidence is firmly established as a leading student text, framing the law of evidence in its practical context, suitable for undergraduates as well as those studying for professional law exams. Frequently consulted by judges and practitioners, and regularly cited in judgments, it has come to be regarded as a work of authority throughout the common law world. The book's unique approach effectively bridges the gap between the academic study of the law of evidence and its application in practice, combining detailed analysis of the law with a wealth of practical information about how it is used in the courtroom. The text is accompanied by two well-crafted fictional cases - one criminal and one civil - allowing students an opportunity to contextualize and test their growing knowledge. Each chapter presents challenging issues and questions for discussion which can be applied to a suite of supporting case documentation. Online Resource Centre The book is accompanied by an Online Resource Centre, which contains: DT Supporting documents and multimedia resources for the two fictional cases, including: Prosecution and defence case papers Police interviews (incl. transcripts, audio, and video) Witness statements Criminal procedure forms Civil claim forms DT A range of multiple-choice questions enabling students to test their knowledge DT A list of useful web links

Evidence

Author: Andrew Choo
Publisher: Oxford University Press
ISBN: 0199601151
Size: 13.58 MB
Format: PDF, Kindle
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Choo's Evidence provides a lucid and concise account of the principles of the law of civil and criminal evidence in England and Wales. Critical and thought-provoking, it is the ideal text for undergraduate law students.

A Philosophy Of Evidence Law

Author: H. L. Ho
Publisher: Oxford University Press on Demand
ISBN: 0199228302
Size: 29.91 MB
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This book examines the legal and moral theory behind the law of evidence and proof, arguing that only by exploring the nature of responsibility in fact-finding can the role and purpose of much of the law be fully understood. Ho argues that the court must not only find the truth to do justice, it must do justice in finding the truth.