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Evidence 5th Revised edition [Mīkstie vāki]

  • Formāts: Paperback / softback, 704 pages, height x width x depth: 234x155x35 mm, weight: 981 g
  • Sērija : Core Texts Series
  • Izdošanas datums: 09-Apr-2009
  • Izdevniecība: Oxford University Press
  • ISBN-10: 0199554331
  • ISBN-13: 9780199554331
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Evidence 5th Revised editionPalielināt
  • Formāts: Paperback / softback, 704 pages, height x width x depth: 234x155x35 mm, weight: 981 g
  • Sērija : Core Texts Series
  • Izdošanas datums: 09-Apr-2009
  • Izdevniecība: Oxford University Press
  • ISBN-10: 0199554331
  • ISBN-13: 9780199554331
Citas grāmatas par šo tēmu:
Permanent link: https://www.kriso.lv/db/9780199554331.html
Keywords:
The Core Text series takes the reader straight to the heart of the subject, providing a reliable and invaluable guide for students of law at all levels. Written by leading academics and renowned for their clarity, these concise texts explain the intellectual challenges of each area of the law.
Munday's Evidence provides students with a succinct, yet thought-provoking introduction to all of the key areas covered on undergraduate law of evidence courses. Vibrant and engagingly written, this book sets out to demystify a traditionally intimidating area of law. Probing analysis of the issues, both historical and topical, ensures that this text contains a thorough exploration of the 'core' of the subject.
Online Resource Center
This book is accompanied by an Online Resource Center, containing twice-yearly updates to the text, and a useful list of web links.
Preface to fifth edition v
Table of cases xiii
Table of statutes xxxiii
Table of international instruments xli
Introduction 1
1 Relevance and admissibility of evidence 19
The respective functions of judge and jury
21
The concept of relevance
24
The so-called 'best evidence principle'
30
Matters of which proof is unnecessary
31
Judicial findings as evidence
38
Prejudicial evidence, unfairly obtained evidence and suspect witnesses
50
Evidence excluded as a matter of public policy
66
FURTHER READING
73
SELF-TEST QUESTIONS
73
2 Presumptions and the burden of proof 75
Criminal and civil burdens of proof
76
The 'legal burden of proof' and the 'evidential burden'
78
The 'tactical burden'
80
The prosecution's legal burden of proof in criminal cases
81
When the defendant in a criminal case bears the legal burden of proof
83
The standard of proof
90
The evidential burden
92
The judge's 'invisible burden'
94
The burden of proof when establishing the admissibility of evidence
98
Presumptions and the incidence of the burden of proof
99
Reversal of the burden of proof and the European Convention on Human Rights
99
FURTHER READING
123
SELF-TEST QUESTIONS
124
3 Witnesses: competence, compellability and various privileges 125
The competence of witnesses in civil and criminal cases
126
The compellability of witnesses
128
Sworn and unsworn evidence
138
Privileges enjoyed by certain classes of witness
139
Public interest immunity
156
FURTHER READING
160
SELF-TEST QUESTIONS
161
4 The course of the trial 163
The right to begin
164
The role of the judge
165
The judge's right to call a witness
166
Examination-in-chief
167
Hostile witnesses
168
Cross-examination
172
Re-examination
192
Calling evidence relating to witnesses' veracity
193
The Crown's right to reopen its case
198
Special protections extended to various classes of witness in criminal cases
201
Protection of sexual complainants, child witnesses and others from cross-examination by the defendant in person
212
FURTHER READING
229
SELF-TEST QUESTIONS
230
5 Witnesses' previous consistent statements and the remnants of the rule against narrative 233
The rule excluding previous consistent statements
234
Evidence-in-chief delivered by video recording (Criminal Justice Act 2003, s 137)
256
Statements made by the accused when first taxed with incriminating facts
258
Statements made by the accused when incriminating articles are recovered
259
FURTHER READING
260
SELF-TEST QUESTIONS
260
6 Character and credibility 263
Issue and credit
263
The concept of 'credibility'
265
Bringing out the character of the parties and their witnesses
266
Evidence of the defendant's good character
271
FURTHER READING
281
SELF TEST QUESTIONS
281
7 Evidence of the defendant's bad character 283
Whether or not to admit evidence of a defendant's misconduct on other occasions
285
I. The admission of evidence of a defendant's bad character in criminal cases: Part 11 of the Criminal Justice Act 2003
290
II. Similar fact evidence in civil cases
372
FURTHER READING
375
SELF-TEST QUESTIONS
376
8 The opinion rule and the presentation of expert evidence 379
The general rule excluding evidence of opinion
380
Four exceptions to the opinion rule born of necessity
381
The principal exception to the opinion rule: expert opinion
382
Scientific evidence: the presentation of DNA evidence
404
Scientific evidence: the presentation of Bayes theorem and instructing the jury in mathematical probabilities
409
FURTHER READING
411
SELF-TEST QUESTIONS
411
9 The rule against hearsay 413
The rationale underlying a rule against hearsay
414
I. Hearsay in criminal cases
417
Defects in the rule against hearsay prior to the enactment of the Criminal Justice Act 2003
417
What now constitutes hearsay evidence under the Criminal Justice Act 2003
421
Exceptions to the rule against hearsay (s 114)
427
Admissibility of 'multiple hearsay' (s 121)
462
Testing the credibility of makers of statements who do not testify (s 124)
465
Stopping the case where hearsay evidence is unconvincing (s 125)
467
The court's general discretion to exclude evidence in the interest of case management (s 126)
468
Other statutory exceptions to the hearsay rule
469
Human rights law, the rule against hearsay and its exceptions (ECHR, Article 6(3)(d))
470
Anonymous witnesses: the Criminal Evidence (Witness Anonymity) Act 2008
475
II. Hearsay in civil proceedings
482
FURTHER READING
487
SELF TEST QUESTIONS
488
10 Confessions 491
What constitutes a 'confession' under PACE, s 82(1)?
494
At common law an accused's silence may amount to an admission
496
Can a denial ever amount to a 'confession' under PACE, s 82(1)?
498
The conditions of admissibility of confessions under PACE
501
What if the accused, having first made an inadmissible confession, later makes a further confession which is obtained by proper methods?
519
Confessions made by mentally handicapped persons (PACE, s 77)
520
The admissibility of evidence discovered in consequence of an inadmissible confession
521
Using the confession to show that the accused speaks, writes or expresses himself in a particular way
522
The status of 'mixed statements'
523
An accused's statement to the police is not normally evidence against other co-accused
524
An accused's right to use his co-accused's confession (PACE s 76A)
528
Confessions by third parties, the prosecution and the hearsay rule
534
FURTHER READING
536
SELF-TEST QUESTIONS
537
11 Drawing adverse inferences from a defendant's omissions, lies or false alibis 541
I. Inferences drawn from the defendant's silence: the Criminal Justice and Public Order Act 1994
542
II. The silence provisions of the Criminal Justice and Public Order Act 1994
548
III. Inferences drawn from lies told by the defendant: Lucas directions
590
IV. Inferences drawn from false alibis put forward by the defendant
593
FURTHER READING
594
SELF-TEST QUESTIONS
595
12 Identification evidence 597
The inherent unreliability of evidence of identification
598
The Court of Appeal's decision in Turnbull
599
Identification procedures and PACE, Code D
611
Code D and the various methods of identification
618
FURTHER READING
628
SELF-TEST QUESTIONS
628
13 Documents 631
What is a 'document'?
632
Proof of 'public documents' and 'judicial documents'
632
Proof of 'private documents' by primary evidence
633
Proof of 'private documents' by means of copies
634
Proof of 'private documents' by means of other forms of secondary evidence
635
Bankers' books
636
SELF TEST QUESTIONS
639
Index 641