Atjaunināt sīkdatņu piekrišanu

Evidence Core Text 7th edition [Mīkstie vāki]

  • Formāts: Paperback / softback, 550 pages
  • Izdošanas datums: 04-Jul-2013
  • Izdevniecība: Oxford University Press
  • ISBN-10: 0199668108
  • ISBN-13: 9780199668106
Citas grāmatas par šo tēmu:
  • Mīkstie vāki
  • Cena: 72,63 €*
  • * Šī grāmata vairs netiek publicēta. Jums tiks paziņota lietotas grāmatas cena
  • Šī grāmata vairs netiek publicēta. Jums tiks paziņota lietotas grāmatas cena.
  • Daudzums:
  • Ielikt grozā
  • Pievienot vēlmju sarakstam
Evidence Core Text 7th editionPalielināt
  • Formāts: Paperback / softback, 550 pages
  • Izdošanas datums: 04-Jul-2013
  • Izdevniecība: Oxford University Press
  • ISBN-10: 0199668108
  • ISBN-13: 9780199668106
Citas grāmatas par šo tēmu:
Permanent link: https://www.kriso.lv/db/9780199668106.html
Keywords:
Munday's Evidence provides students with a succinct yet critical introduction to all of the topics an undergraduate studying the law of evidence will encounter. Vibrant and engaging, this invaluable text is the ideal guide to the core of this challenging subject.

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.

A clearly-structured introduction, this is the ideal text for any student who may find evidence a somewhat forbidding subject.

Online resources
Updates
Web links

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 xxix
Table of statutory instruments xxxvii
Table of international instruments xxxviii
Introduction 1(12)
Origins of a law of evidence
2(3)
Properties of the law of evidence
5(7)
Envoi
12(1)
1 Relevance and admissibility of evidence 13(45)
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(9)
Prejudicial evidence, unfairly obtained evidence, and suspect witnesses
36(15)
Evidence excluded as a matter of public policy
51(5)
Further Reading
56(1)
Self-Test Questions
57(1)
2 Presumptions and the burden of proof 58(41)
Criminal and civil burdens of proof
59(1)
The 'legal burden of proof' and the 'evidential burden'
60(2)
The 'tactical burden
62(1)
The prosecution's legal burden of proof in criminal cases
63(2)
When the defendant in a criminal case bears the legal burden of proof
65(5)
The standard of proof
70(2)
The evidential burden
72(2)
The judge's 'invisible burden
74(2)
The burden of proof when establishing the admissibility of evidence
76(1)
Presumptions and the incidence of the burden of proof
77(1)
Reversal of the burden of proof and the European Convention on Human Rights
77(20)
Further Reading
97(1)
Self-Test Questions
98(1)
3 Witnesses: competence, compellability, and various privileges 99(32)
The competence of witnesses in civil and criminal cases
100(2)
The compellability of witnesses
102(8)
Sworn and unsworn evidence
110(1)
Privileges enjoyed by certain lasses of witness
111(14)
Public interest immunity
125(4)
Further Reading
129(1)
Self-Test Questions
129(2)
4 The course of the trial 131(57)
The right to begin
132(1)
The role of the judge
132(1)
The judge's right to call a witness
133(1)
Examination-in-chief
134(1)
Hostile witnesses
135(4)
Cross-examination
139(15)
Re-examination
154(1)
Calling evidence relating to witnesses' veracity
155(4)
The Crown's right to reopen its case
159(2)
Special protections extended to various classes of witness in criminal cases
161(25)
Further Reading
186(1)
Self-Test Questions
187(1)
5 Witnesses' previous consistent statements and the remnants of the rule against narrative 188(24)
The rule excluding previous consistent statements
188(19)
Evidence-in-chief delivered by video recording (Criminal Justice Act 2003, s 137)
207(1)
Statements made by the accused when first taxed with incriminating facts
208(2)
Statements made by the accused when incriminating articles are recovered
210(1)
Further Reading
210(1)
Self-Test Questions
210(2)
6 Character and credibility 212(17)
Issue and credit
212(1)
The concept of 'credibility'
213(1)
Bringing out the character of the parties and their witnesses
214(4)
Evidence of the defendant's good character
218(9)
Further Reading
227(1)
Self-Test Questions
227(2)
7 Evidence of the defendant's bad character 229(73)
Whether or not to admit evidence of a defendant's misconduct on other occasions
230(3)
I The admission of evidence of a defendant's bad character in criminal cases: Pt 11 of the Criminal Justice Act 2003
233(64)
Two classes of situation that fall outside the bad character provisions
235(3)
Discretion
238(1)
What actually constitutes evidence of 'bad character'?
239(4)
Acquittals may be admissible as 'evidence of bad character'
243(2)
When is evidence of a defendant's bad character admissible under the 2003 Act?
245(1)
Situations in which bad character evidence becomes admissible under s 101: the seven gateways
246(41)
Contaminated evidence (s 107)
287(2)
The court's duty to give reasons for rulings on matters affecting bad character (s 110)
289(1)
Rules of court (s 111)
289(2)
Jointly charged offences treated as separate proceedings (s 112(2))
291(6)
Envoi
297(1)
II Similar fact evidence in civil cases
297(2)
Further Reading
299(1)
Self-Test Questions
300(2)
8 The opinion rule and the presentation of expert evidence 302(28)
The general rule excluding evidence of opinion
303(1)
Four exceptions 'to the opinion rule born of necessity
303(1)
The principal exception to the opinion rule: expert opinion
304(17)
Scientific evidence: the presentation of DNA evidence
321(5)
Scientific evidence: the presentation of Bayes theorem and instructing the jury in mathematical probabilities
326(2)
Further Reading
328(1)
Self-Test Questions
329(1)
9 The rule against hearsay 330(67)
The rationale underlying a rule against hearsay
331(1)
I Hearsay in criminal cases
332(58)
Defects in the rule against hearsay prior to the enactment of the Criminal Justice Act 2003
332(4)
What constitutes hearsay evidence under the Criminal Justice Act 2003?
336(5)
Exceptions to the rule against hearsay (s 114)
341(31)
Admissibility of 'multiple hearsay' (s 121)
372(2)
Testing the credibility of makers of statements who do not testify (s 124)
374(1)
Stopping the case in which hearsay evidence is unconvincing (s 125)
375(1)
The court's general discretion to exclude evidence in the interest of case management (s 126)
376(1)
Other statutory exceptions to the hearsay rule (s 114(1)(a))
377
Human rights law, the rule against hearsay, and its exceptions (Art 6(3)(d))
318(68)
Anonymous witnesses: the Coroners and Justice At 2009, ss 86-96
386(4)
II Hearsay in civil proceedings
390(4)
Further Reading
394(1)
Self-Test Questions
395(2)
10 Confessions 397(40)
What constitutes a 'confession' under PACE, s 82(1)?
399(1)
At common law, an accused's silence may amount to an admission
400(2)
Can a denial ever amount to a 'confession under PACE, s 82(1)?
402(3)
The conditions of admissibility of confessions under PACE
405(16)
What if the accused, having first made an inadmissible confession, later makes a further confession that is obtained by proper methods?
421(1)
Confessions made by mentally handicapped persons (PACE, s 77)
422(1)
The admissibility of evidence discovered in consequence of an inadmissible confession
422(1)
Using an inadmissible confession to show that the accused speaks, writes, or expresses himself in a particular way
423(1)
The status of 'mixed statements'
424(1)
An accused's statement to the police is not normally evidence against other co-accused
425(3)
An accused's right to use his co-accused's confession (PACE, s 76A)
428(5)
Confessions by third parties, the prosecution, and the hearsay rule
433(1)
Further Reading
434(1)
Self-Test Questions
435(2)
11 Drawing adverse inferences from a defendant's omissions, lies, or false alibis 437(45)
I Inferences drawn from tie defendant's silence
438(4)
Erosion of English law's traditional right of silence
438(2)
The right of silence and European human rights law
440(2)
II The silence provisions of the Criminal Justice and Public Order Act 1994
442
Section 34: the effect of the defendant's failure to mention facts when questioned or charged
442(2)
Failure to mention facts following legal advice
444(8)
Section 34 applies only to facts upon which the defendant subsequently relies at trial
452(3)
Directing the jury on s 34
455(5)
Inferences stemming from failures occurring after the police have sufficient evidence to charge a suspect
460(2)
Section 36: the effect of a defendant's failure or refusal to account for objects, substances or marks
462(1)
Section 37: the effect of a defendant's failure or refusal to account for his presence in a particular place
463(1)
Section 35: drawing an adverse inference when the defendant elects not to give evidence at trial
464(4)
The silence provisions: an envoi
468(1)
The effect of a defendant's silence at common law
469(1)
The right of silence and evidence obtained under compulsion
470
III Inferences drawn from lies told by the defendant: Lucas directions
416(63)
IV Inferences drawn from false alibis put forward by the defendant
479(1)
Further Reading
480(1)
Self-Test Questions
480(2)
12 Identification evidence 482(29)
The inherent unreliability of evidence of identification
483(1)
The Court of Appeal's decision in Turnbull
483(10)
Identification procedures and PACE Code D
493(6)
Code D and the various methods of identification
499(9)
Further Reading
508(1)
Self-Test Questions
509(2)
Index 511
Dr Roderick Munday is currently a Reader in Law at the University of Cambridge and a Visiting Professor at the Universite Pantheon-Assas, Paris II. He is also Fellow and Director of Studies in Law at Peterhouse, Cambridge and is Editor-in-Chief of the Justice of the Peace Reports. He has written and lectured extensively on the law of evidence.