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Evidence 9th Revised edition [Mīkstie vāki]

(Reader Emeritus in Law and Affiliated Lecturer at the University of Cambridge. Fellow Emeritus at Peterhouse, Cambridge)
  • Formāts: Paperback / softback, 616 pages, height x width x depth: 247x175x32 mm, weight: 1074 g
  • Sērija : Core Texts Series
  • Izdošanas datums: 11-May-2017
  • Izdevniecība: Oxford University Press
  • ISBN-10: 019878872X
  • ISBN-13: 9780198788720
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Evidence 9th Revised editionPalielināt
  • Formāts: Paperback / softback, 616 pages, height x width x depth: 247x175x32 mm, weight: 1074 g
  • Sērija : Core Texts Series
  • Izdošanas datums: 11-May-2017
  • Izdevniecība: Oxford University Press
  • ISBN-10: 019878872X
  • ISBN-13: 9780198788720
Citas grāmatas par šo tēmu:
Permanent link: https://www.kriso.lv/db/9780198788720.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 historic 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.

Online Resource Centre
This book is accompanied by an open access Online Resource Centre, including:
Answer guidance to questions in the text
Useful weblinks
Legal updates
www.oxfordtextbooks.co.uk/orc/munday9e/

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 xxxi
Table of statutory instruments xxxix
Table of international instruments xl
Introduction 1(13)
Origins of a 'law of evidence'
2(3)
Properties of the law of evidence
5(8)
Envoi
13(1)
1 Relevance and admissibility of evidence 14(50)
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(10)
Prejudicial evidence, unfairly obtained evidence, and suspect witnesses
39(18)
Evidence excluded as a matter of public policy
57(6)
Further Reading
63(1)
Self-Test Questions
63(1)
2 Presumptions and the burden of proof 64(45)
Criminal and civil burdens of proof
65(1)
The 'legal burden of proof' and the 'evidential burden'
66(2)
The 'tactical burden
68(1)
The prosecution's legal burden of proof in criminal cases
69(2)
When the defendant in a criminal case bears the legal burden of proof
71(6)
The standard of proof
77(2)
The evidential burden
79(2)
The judge's 'invisible burden'
81(4)
The burden of proof when establishing the admissibility of evidence
85(1)
Presumptions and the incidence of the burden of proof
86(1)
Reversal of the burden of proof and the European Convention on Human Rights
86(21)
Further Reading
107(1)
Self-Test Questions
107(2)
3 Witnesses: competence, compellability and various privileges 109(36)
The competence of witnesses in civil and criminal cases
110(3)
The compellability of witnesses
113(7)
Sworn and unsworn evidence
120(1)
Privileges enjoyed by certain classes of witness
121(17)
Public interest immunity
138(4)
Further Reading
142(1)
Self-Test Questions
143(2)
4 The course of the trial 145(64)
The right to begin
146(1)
The role of the judge
146(1)
The judge's right to call a witness
147(1)
Examination-in-chief
148(1)
Hostile witnesses
149(5)
Cross-examination
154(18)
Re-examination
172(1)
Calling evidence relating to witnesses' veracity
173(5)
The Crown's right to reopen its case
178(1)
Special protections extended to various classes of witness in criminal cases
179(28)
Further Reading
207(1)
Self-Test Questions
208(1)
5 Witnesses' previous consistent statements and the remnants of the rule against narrative 209(26)
The rule excluding previous consistent statements
209(21)
Evidence-in-chief delivered by video recording (Criminal Justice Act 2003, s 137)
230(1)
Statements made by the accused when first taxed with incriminating facts
231(1)
Statements made by the accused when incriminating articles are recovered
232(1)
Further Reading
233(1)
Self-Test Questions
233(2)
6 Character and credibility 235(18)
Issue and credit
235(1)
The concept of 'credibility'
236(2)
Bringing out the character of the parties and their witnesses
238(4)
Evidence of the defendant's good character
242(10)
Further Reading
252(1)
Self-Test Questions
252(1)
7 Evidence of the defendant's bad character 253(81)
Whether or not to admit evidence of a defendant's misconduct on other occasions
254(4)
I. The admission of evidence of a defendant's bad character in criminal cases: Pt 11 of the Criminal Justice Act 2003
258(70)
Two classes of situation that fall outside the bad character provisions
259(4)
Discretion
263(2)
What constitutes evidence of 'bad character'?
265(4)
Acquittals may be admissible as 'evidence of bad character'
269(3)
When is evidence of a defendant's bad character admissible under the 2003 Act?
272(1)
Situations in which bad character evidence becomes admissible under s 101: the seven gateways
273(46)
Contaminated evidence (s 107)
319(2)
The court's duty to give reasons for rulings on matters affecting bad character (s 110)
321(1)
Rules of court (s 111)
321(2)
Jointly charged offences treated as separate proceedings (s 112(2))
323(5)
Envoi
328(1)
II. Similar fact evidence in civil cases
328(3)
Further Reading
331(1)
Self-Test Questions
332(2)
8 The opinion rule and the presentation of expert evidence 334(34)
The general rule excluding evidence of opinion
335(1)
Four exceptions to the opinion rule born of necessity
335(1)
The principal exception to the opinion rule: expert opinion
336(21)
Scientific evidence: the presentation of DNA evidence
357(6)
Scientific evidence: the presentation of Bayes' theorem and instructing the jury in mathematical probabilities
363(2)
Further Reading
365(1)
Self-Test Questions
366(2)
9 The rule against hearsay 368(70)
The rationale underlying a rule against hearsay
369(1)
I. Hearsay in criminal cases
370(61)
Defects in the rule against hearsay prior to the enactment of the Criminal Justice Act 2003
370(4)
What constitutes hearsay evidence under the Criminal Justice Act 2003?
374(6)
Exceptions to the rule against hearsay (s 114)
380(32)
Admissibility of 'multiple hearsay' (s 121)
412(2)
Testing the credibility of makers of statements who do not testify (s 124)
414(1)
Stopping the case in which hearsay evidence is unconvincing (s 125)
415(1)
The court's discretion to exclude evidence in the interest of case management (s 126)
416(1)
Other statutory exceptions to the hearsay rule (s 114(1)(a))
417(2)
Human rights law, the rule against hearsay, and its exceptions (Art 6(3)(d))
419(8)
Anonymous witnesses: the Coroners and Justice Act 2009, ss 86-96
427(4)
II. Hearsay in civil proceedings
431(4)
Further Reading
435(1)
Self-Test Questions
436(2)
10 Confessions 438(42)
What constitutes a 'confession' under PACE, s 82(1)?
440(2)
At common law, an accused's silence may amount to an admission
442(2)
Can a denial ever amount to a 'confession' under PACE, s 82(1)?
444(2)
The conditions of admissibility of confessions under PACE
446(17)
What if the accused, having first made an inadmissible confession, later makes a further confession that is obtained by proper methods?
463(1)
Confessions made by mentally handicapped persons: PACE, s 77
464(1)
The admissibility of evidence discovered in consequence of an inadmissible confession
465(1)
Using an inadmissible confession to show that the accused speaks, writes, or expresses himself in a particular way
466(1)
The status of 'mixed statements'
466(1)
An accused's statement to the police is not normally evidence against other co-accused
467(4)
An accused's right to use his co-accused's confession: PACE, s 76A
471(4)
Confessions by third parties, the prosecution, and the hearsay rule
475(2)
Further Reading
477(1)
Self-Test Questions
477(3)
11 Drawing adverse inferences from a defendant's omissions, lies or false alibis 480(47)
I. Inferences drawn from the defendant's silence
481(4)
Erosion of English law's traditional right of silence
481(2)
The right of silence and European human rights law
483(2)
II. The silence provisions of the Criminal Justice and Public Order Act 1994
485(36)
Section 34: the effect of the defendant's failure to mention facts when questioned or charged
485(3)
Failure to mention facts following legal advice
488(8)
Section 34 applies only to facts upon which the defendant subsequently relies at trial
496(3)
Directing the jury on s 34
499(5)
Inferences stemming from failures occurring after the police have sufficient evidence to charge a suspect
504(2)
Section 36: the effect of a defendant's failure or refusal to account for objects, substances or marks
506(2)
Section 37: the effect of a defendant's failure or refusal to account for his presence in a particular place
508(1)
Section 35: drawing an adverse inference when the defendant elects not to give evidence at trial
508(5)
The silence provisions: an envoi
513(2)
The effect of a defendant's silence at common law
515(1)
The right of silence and evidence obtained under compulsion
515(6)
III. Inferences drawn from lies told by the defendant: Lucas directions
521(3)
IV. Inferences drawn from false alibis put forward by the defendant
524(1)
Further Reading
525(1)
Self-Test Questions
526(1)
12 Identification evidence 527(30)
The inherent unreliability of evidence of identification
528(1)
The Court of Appeal's decision in Turnbull
528(11)
Identification procedures and PACE Code D
539(7)
Code D and the various methods of identification
546(10)
Further Reading
556(1)
Self-Test Questions
556(1)
Index 557
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 Agency: Law and Principles (OUP: 2016) as well as a co-author of Clarke, Hooley, Munday, Sealy, Tettenborn and Turner, Commercial Law: Text, Cases, and Materials (OUP: 2017).