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Evidence 8th Revised edition [Mīkstie vāki]

(University of Cambridge)
  • Formāts: Paperback / softback, 592 pages, height x width x depth: 247x174x28 mm, weight: 1010 g
  • Sērija : Core Texts Series
  • Izdošanas datums: 14-May-2015
  • Izdevniecība: Oxford University Press
  • ISBN-10: 0198733496
  • ISBN-13: 9780198733492
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Evidence 8th Revised editionPalielināt
  • Formāts: Paperback / softback, 592 pages, height x width x depth: 247x174x28 mm, weight: 1010 g
  • Sērija : Core Texts Series
  • Izdošanas datums: 14-May-2015
  • Izdevniecība: Oxford University Press
  • ISBN-10: 0198733496
  • ISBN-13: 9780198733492
Citas grāmatas par šo tēmu:
Permanent link: https://www.kriso.lv/db/9780198733492.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 engaging, the book sets out to demystify a traditionally intimidating area of law. Probing analysis of the issues, both historical and current, ensures that the text contains a thorough exploration of 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.

Recenzijas

Review from previous edition Roderick Munday's book attempts to demystify the rules of evidence. In my view, the attempt is a commendable success. I wish I had this book when I was studying evidence! * New Law Journal *

Table of cases
xii
Table of statutes
xxx
Table of statutory instruments
xxxviii
Table of international instruments
xxxix
Introduction 1(13)
Origins of a Taw of evidence'
2(3)
Properties of the law of evidence
5(7)
Envoi
12(2)
1 Relevance and admissibility of evidence
14(49)
The respective functions of judge and jury
15(3)
The concept of relevance
18(5)
The so-called `best evidence principle'
23(1)
Matters of which proof is unnecessary
24(5)
Judicial findings as evidence
29(9)
Prejudicial evidence, unfairly obtained evidence, and suspect witnesses
38(18)
Evidence excluded as a matter of public policy
56(7)
Further Reading
61(1)
Self-Test Questions
61(2)
2 Presumption and the burden of proof
63(43)
Criminal and civil burdens of proof
64(1)
The 'legal burden of proof and the `evidential burden'
65(2)
The `tactical burden'
67(1)
The prosecution's legal burden of proof in criminal cases
68(2)
When the defendant in a criminal case bears the legal burden of proof
70(6)
The standard of proof
76(2)
The evidential burden
78(1)
The judge's `invisible burden'
79(4)
The burden of proof when establishing the admissibility of evidence
83(1)
Presumptions and the incidence of the burden of proof
84(1)
Reversal of the burden of proof and the European Convention on Human Rights
84(22)
Further Reading
104(1)
Self-Test Questions
105(1)
3 Witnesses: competence, compellability, and various privileges
106(34)
The competence of witnesses in civil and criminal cases
107(3)
The compellability of witnesses
110(7)
Sworn and unsworn evidence
117(1)
Privileges enjoyed by certain classes of witness
118(16)
Public interest immunity
134(6)
Further Reading
138(1)
Self-Test Questions
138(2)
4 The course of the trial
140(60)
The right to begin
141
The role of the judge
111(31)
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(4)
The Crown's right to reopen its case
170(2)
Special protections extended to various classes of witness in criminal cases
172(28)
Further Reading
197(1)
Self-Test Questions
198(2)
5 Witnesses' previous consistent statements and the remnants of the rule against narrative
200(25)
The rule excluding previous consistent statements
200(20)
Evidence-in-chief delivered by video recording (Criminal Justice Act 2003, s 137)
220(1)
Statements made by the accused when first taxed with incriminating facts
221(1)
Statements made by the accused when incriminating articles are recovered
222(3)
Further Reading
223(1)
Self-Test Questions
223(2)
6 Character and credibility
225(17)
Issue and credit
225(1)
The concept of `credibility'
226(2)
Bringing out the character of the parties and their witnesses
228(4)
Evidence of the defendant's good character
232(10)
Further Reading
240(1)
Self-Test Questions
241(1)
7 Evidence of the defendant's bad character
242(77)
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(66)
Two classes of situation that fall outside the bad character provisions
248(3)
Discretion
251(2)
What actually constitutes evidence of `bad character'?
253(3)
Acquittals may be admissible as `evidence of bad character'
256(3)
When is evidence of a defendant's bad character admissible under the 2003 Act?
259(1)
Situations in which bad character evidence becomes admissible under s 101: the seven gateways
260(43)
Contaminated evidence (s 107)
303(2)
The court's duty to give reasons for rulings on matters affecting bad character (s 110)
305(1)
Rules of court (s 111)
305(2)
Jointly charged offences treated as separate proceedings (s 112(2))
307(6)
Envoi
313(1)
II Similar fact evidence in civil cases
313(6)
Further Reading
316(1)
Self-Test Questions
317(2)
8 The opinion rule and the presentation of expert evidence
319(29)
The general rule excluding evidence of opinion
320(1)
Four exceptions to the opinion rule born of necessity
320(1)
The principal exception to the opinion rule: expert opinion
321(18)
Scientific evidence: the presentation of DNA evidence
339(5)
Scientific evidence: the presentation of Bayes theorem and instructing the jury in mathematical probabilities
344(4)
Further Reading
346(1)
Self-Test Questions
347(1)
9 The rule against hearsay
348(69)
The rationale underlying a rule against hearsay
349(1)
I Hearsay in criminal cases
350(60)
Defects in the rule against hearsay prior to the enactment of the Criminal Justice Act 2003
350(5)
What constitutes hearsay evidence under the Criminal Justice Act 2003?
355(5)
Exceptions to the rule against hearsay (s 114)
360(31)
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 general 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(8)
Anonymous witnesses: the Coroners and Justice Act 2009, ss 86--96
406(4)
II Hearsay in civil proceedings
410(7)
Further Reading
414(1)
Self-Test Questions
414(3)
10 Confessions
417(41)
What constitutes a `confession' under PACE, s 82(1)?
419(2)
At common law, an accused's silence may amount to an admission
421(1)
Can a denial ever amount to a `confession' under PACE, s 82(1)?
422(3)
The conditions of admissibility of confessions under PACE
425(17)
What if the accused, having first made an inadmissible confession, later makes a further confession that is obtained by proper methods?
442(1)
Confessions made by mentally handicapped persons (PACE, s 77)
442(1)
The admissibility of evidence discovered in consequence of an inadmissible confession
443(1)
Using an inadmissible confession to show that the accused speaks, writes, or expresses himself in a particular way
444(1)
The status of `mixed statements'
445(1)
An accused's statement to the police is not normally evidence against other co-accused
446(3)
An accused's right to use his co-accused's confession (PACE, s 76A)
449(4)
Confessions by third parties, the prosecution, and the hearsay rule
453(5)
Further Reading
455(1)
Self-Test Questions
456(2)
11 Drawing adverse inferences from a defendant's omissions, lies, or false alibis
458(5)
I Inferences drawn from the defendant's silence
459
Erosion of English law's traditional right of silence
459(2)
The right of silence and European human rights law
461
II The silence provisions of the Criminal Justice and Public Order Act 1994
463
Section 34: the effect of the defendant's failure to mention facts when questioned or charged
463(40)
Failure to mention facts following legal advice
466(7)
Section 34 applies only to facts upon which the defendant subsequently relies at trial
473(3)
Directing the jury on s 34
476(5)
Inferences stemming from failures occurring after the police have sufficient evidence to charge a suspect
481(2)
Section 36: the effect of a defendant's failure or refusal to account for objects, substances or marks
483(1)
Section 37: the effect of a defendant's failure or refusal to account for his presence in a particular place
484(1)
Section 35: drawing an adverse inference when the defendant elects not to give evidence at trial
485(4)
The silence provisions: an envoi
489(2)
The effect of a defendant's silence at common law
491(1)
The right of silence and evidence obtained under compulsion
491(6)
III Inferences drawn from lies told by the defendant: Lucas directions
497(3)
IV Inferences drawn from false alibis put forward by the defendant
500(3)
Further Reading
501(1)
Self-Test Questions
501(2)
12 Identification evidence
503(30)
The inherent unreliability of evidence of identification
504(1)
The Court of Appeal's decision in Turnbull
504(10)
Identification procedures and PACE Code D
514(6)
Code D and the various methods of identification
520(13)
Further Reading
530(1)
Self-Test Questions
531(2)
Index 533
Dr Roderick Munday is a Reader in the Faculty of Law at the University of Cambridge and Fellow and Director of Studies in Law at Peterhouse. Along with Evidence, he is also the editor of Cross & Tapper on Evidence (OUP: 2016)