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Evidence 10th Revised edition [Mīkstie vāki]

(Reader Emeritus in Law and Affiliated Lecturer at the University of Cambridge. Fellow Emeritus at Peterhouse, Cambridge)
  • Formāts: Paperback / softback, 584 pages, height x width x depth: 246x170x27 mm, weight: 873 g
  • Sērija : Core Texts Series
  • Izdošanas datums: 09-May-2019
  • Izdevniecība: Oxford University Press
  • ISBN-10: 019883246X
  • ISBN-13: 9780198832461
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Evidence 10th Revised editionPalielināt
  • Formāts: Paperback / softback, 584 pages, height x width x depth: 246x170x27 mm, weight: 873 g
  • Sērija : Core Texts Series
  • Izdošanas datums: 09-May-2019
  • Izdevniecība: Oxford University Press
  • ISBN-10: 019883246X
  • ISBN-13: 9780198832461
Citas grāmatas par šo tēmu:
Permanent link: https://www.kriso.lv/db/9780198832461.html
Keywords:
Munday's Evidence provides students with a concise yet analytical introduction to the law of evidence. Vibrant and engaging, this invaluable text is the ideal guide to this challenging subject.

Munday's Evidence is a concise yet stimulating introduction to the key areas of the law of evidence. Vibrant and engaging, the book demystifies a traditionally intimidating subject. Careful analysis of the issues, both historic and current, ensures that the text thoroughly explores the 'core' of the subject.

Whether used as a primer, core text, or as a reintroduction to the subject, Evidence is the ideal companion for those keen to grasp the core principles and current law of evidence.

Online Resources

This book is accompanied by online resources, including:
- Answer guidance to questions in the text
- Useful weblinks
- Legal updates

Recenzijas

"Excellent academic rigour and coverage...its academic weight and depth of analysis is its strength." * Susan Lazer, Subject Leader in Law, University of Huddersfield *

Table of cases xiv
Table of statutes xxxiii
Table of statutory instruments xli
Table of international instruments xlii
Introductory remarks on the law of evidence 1(12)
Origins of a 'law of evidence'
2(2)
Properties of the law of evidence
4(8)
Envoi
12(1)
1 Relevance and admissibility of evidence 13(49)
The respective functions of judge and jury
14(3)
The concept of relevance
17(4)
The so-called 'best evidence principle'
21(1)
Matters of which proof is unnecessary
22(5)
Judicial findings as evidence
27(10)
Prejudicial evidence, unfairly obtained evidence, and suspect witnesses
37(18)
Evidence excluded as a matter of public policy
55(5)
Further Reading
60(1)
Self-Test Questions
61(1)
2 Presumptions and the burden of proof 62(44)
Criminal and civil burdens of proof
63(1)
The 'legal burden of proof' and the 'evidential burden'
64(2)
The 'tactical burden'
66(1)
The prosecution's legal burden of proof in criminal cases
67(1)
When the defendant in a criminal case bears the legal burden of proof
68(6)
The standard of proof
74(2)
The evidential burden
76(3)
The judge's 'invisible burden'
79(3)
The burden of proof when establishing the admissibility of evidence
82(1)
Presumptions and the incidence of the burden of proof
83(1)
Reversal of the burden of proof and the European Convention on Human Rights
83(20)
Further Reading
103(1)
Self-Test Questions
104(2)
3 Witnesses: competence, compellability, and various privileges 106(34)
The competence of witnesses in civil and criminal cases
107(2)
The compellability of witnesses
109(8)
Sworn and unsworn evidence
117(1)
Privileges enjoyed by certain classes of witness
118(16)
Public interest immunity
134(4)
Further Reading
138(1)
Self-Test Questions
138(2)
4 The course of the trial 140(61)
The right to begin
141(1)
The role of the judge
141(1)
The judge's right to call a witness
142(1)
Examination-in-chief
143(1)
Hostile witnesses
144(4)
Cross-examination
148(17)
Re-examination
165(1)
Calling evidence relating to witnesses' veracity
166(5)
The Crown's right to reopen its case
171(1)
Special protections extended to various classes of witness in criminal cases
172(27)
Further Reading
199(1)
Self-Test Questions
200(1)
5 Witnesses' previous consistent statements and the remnants of the rule against narrative 201(24)
The rule excluding previous consistent statements
201(19)
Evidence-in-chief delivered by video recording (Criminal Justice Act 2003, s 137)
220(2)
Statements made by the accused when first taxed with incriminating facts
222(1)
Statements made by the accused when incriminating articles are recovered
223(1)
Further Reading
223(1)
Self-Test Questions
224(1)
6 Character and credibility 225(17)
Issue and credit
225(1)
The concept of 'credibility'
226(1)
Bringing out the character of the parties and their witnesses
227(4)
Evidence of the defendant's good character
231(9)
Further Reading
240(1)
Self-Test Questions
241(1)
7 Evidence of the defendant's bad character 242(74)
Whether or not to admit evidence of a defendant's misconduct on other occasions
243(4)
I The admission of evidence of a defendant's bad character in criminal cases: Pt 11 of the Criminal Justice Act 2003
247(63)
Two classes of situation that fall outside the bad character provisions
248(3)
Discretion
251(2)
What constitutes evidence of 'bad character'?
253(4)
Acquittals may be admissible as 'evidence of bad character'
257(2)
When is evidence of a defendant's bad character admissible under the 2003 Act?
259(2)
Situations in which bad character evidence becomes admissible under s 101: the seven gateways
261(41)
Contaminated evidence (s 107)
302(2)
The court's duty to give reasons for rulings on matters affecting bad character (s 110)
304(1)
Rules of court (s 111)
304(1)
Jointly charged offences treated as separate proceedings (s 112(2))
305(1)
Appealing against trial court rulings and directions on bad character
306(1)
Surviving legislation allowing the Crown to adduce evidence of a defendant's wrongdoing and bad character
307(3)
Envoi
310(1)
II Similar fact evidence in civil cases
310(3)
Further Reading
313(1)
Self-Test Questions
314(2)
8 The opinion rule and the presentation of expert evidence 316(32)
The general rule excluding evidence of opinion
316(1)
Four exceptions to the opinion rule born of necessity
317(1)
The principal exception to the opinion rule: expert opinion
318(20)
Scientific evidence: the presentation of DNA evidence
338(6)
Scientific evidence: the presentation of Bayes' theorem and instructing the jury in mathematical probabilities
344(2)
Further Reading
346(1)
Self-Test Questions
347(1)
9 The rule against hearsay 348(68)
The rationale underlying a rule against hearsay
348(2)
I Hearsay in criminal cases
350(60)
Defects in the rule against hearsay prior to the enactment of the Criminal Justice Act 2003
350(4)
What constitutes hearsay evidence under the Criminal Justice Act 2003?
354(5)
Exceptions to the rule against hearsay (s 114)
359(32)
Admissibility of 'multiple hearsay' (s 121)
391(2)
Testing the credibility of makers of statements who do not testify (s 124)
393(1)
Stopping the case in which hearsay evidence is unconvincing (s 125)
394(1)
The court's discretion to exclude evidence in the interest of case management (s 126)
395(1)
Other statutory exceptions to the hearsay rule (s 114(1)(a))
396(2)
Human rights law, the rule against hearsay, and its exceptions (Art 6(3)(d))
398(7)
Anonymous witnesses: Coroners and Justice Act 2009, ss 86-96
405(5)
II Hearsay in civil proceedings
410(4)
Further Reading
414(1)
Self-Test Questions
414(2)
10 Confessions 416(40)
What constitutes a 'confession' under PACE, s 82(1)?
418(1)
At common law, an accused's silence may amount to an admission
419(2)
Can a denial ever amount to a 'confession' under PACE, s 82(1)?
421(3)
The conditions of admissibility of confessions under PACE
424(16)
What if the accused, having first made an inadmissible confession, later makes a further confession that is obtained by proper methods?
440(1)
Confessions made by mentally handicapped persons: PACE, s 77
441(1)
The admissibility of evidence discovered in consequence of an inadmissible confession
441(1)
Using an inadmissible confession to show that the accused speaks, writes, or expresses himself in a particular way
442(1)
The status of 'mixed statements'
443(1)
An accused's statement to the police is not normally evidence against another co-accused
444(3)
An accused's right to use his co-accused's confession: PACE, s 76A
447(4)
Confessions by third parties, the prosecution, and the hearsay rule
451(2)
Further Reading
453(1)
Self-Test Questions
453(3)
11 Drawing adverse inferences from a defendant's omissions, lies, or false alibis 456(44)
I Inferences drawn from the defendant's silence
457(4)
Erosion of English law's traditional right of silence
457(2)
The right of silence and European human rights law
459(2)
II The silence provisions of the Criminal Justice and Public Order Act 1994
461(33)
Section 34: the effect of the defendant's failure to mention facts when questioned or charged
461(2)
Failure to mention facts following legal advice
463(8)
Section 34 applies only to facts upon which the defendant subsequently relies at trial
471(3)
Directing the jury on s 34
474(4)
Inferences stemming from failures occurring after the police have sufficient evidence to charge a suspect
478(2)
Section 36: the effect of a defendant's failure or refusal to account for objects, substances or marks
480(1)
Section 37: the effect of a defendant's failure or refusal to account for his presence in a particular place
481(1)
Section 35: drawing an adverse inference when the defendant elects not to give evidence at trial
482(5)
The silence provisions: an envoi
487(1)
The effect of a defendant's silence at common law
488(1)
The right of silence and evidence obtained under compulsion
489(5)
III Inferences drawn from lies told by the defendant: Lucas directions
494(3)
IV Inferences drawn from false alibis put forward by the defendant
497(1)
Further Reading
498(1)
Self-Test Questions
499(1)
12 Identification evidence 500(29)
The inherent unreliability of evidence of identification
500(1)
The Court of Appeal's decision in Turnbull
501(10)
Identification procedures and PACE Code D
511(6)
Code D and the various methods of identification
517(10)
Further Reading
527(1)
Self-Test Questions
527(2)
Index 529
Roderick Munday is a Reader Emeritus in Law and Affiliated Lecturer at the University of Cambridge. He is a Fellow Emeritus at Peterhouse, Cambridge. Along with Evidence, he is also the author of Cross and Tapper on Evidence (OUP: 2018) and Agency: Law and Principles (OUP: 2016) as well as a co-author of Commercial Law: Text, Cases, and Materials (OUP: 2017).