Criminal Evidence in Context


Book Description

This book explains the key concepts of evidence law clearly and concisely, set against the backdrop of the broader political and theoretical contexts. It helps to inform students of the major debates within the field, providing an explanation as to how and why the law has developed as it has.




Evidence in Context


Book Description

Evidence in Context explains the key concepts of evidence law in England and Wales clearly and concisely, set against the backdrop of the broader social and theoretical contexts. It informs students of the major debates within the field, providing an explanation as to how and why the law has developed as it has. This third edition has been expanded to cover the field of civil evidence alongside its traditional criminal focus. It has also been thoroughly revised and updated to take into account recent developments in the law and the considerable amount of case law that has emerged since publication of the previous edition. This edition includes a new chapter structure, with new chapters on the adversarial trial and suspect evidence. Updated features include self test questions and advice on further reading at the end of each chapter key learning points which summarise the chapter as well as highlighting the most important issues New and updated chapters on topics such as adversarial trial, witnesses and suspect evidence. Addressing the evolving case law on subjects such as hearsay and bad character which were overhauled in the Criminal Justice Act 2003, this book is an essential purchase for anyone studying evidence law.




Criminal Evidence


Book Description

"Criminal Evidence is a well-respected and trusted introduction to the rules of criminal evidence for criminal justice students and professionals. The first half of this book follows the Federal Rules of Evidence in its explanation of how evidence is collected, preserved, and presented in criminal court. The second half provides a selection of relevant criminal court cases that reinforce these basics and provide the context of how these rules are currently practiced. Readers will have an understanding of how concepts of evidence operate to convict the guilty and acquit the innocent. Part of the John C. Klotter Justice Administration Legal Series, this twelfth edition provides many updates, new references to recent cases, and a current version of the Federal Rules of Evidence. Student aids include chapter outlines, key terms and concepts lists, a glossary, a table of cases cited, and online interactive case studies. Teacher resources include Instructor's Guide, test bank, and PowerPoint slides"--




Evidence: Law and Context


Book Description

Evidence: Law and Context explains the key concepts of evidence law in England and Wales clearly and concisely, set against the backdrop of the broader political and theoretical contexts. The book focuses on the essential topics commonly found on Evidence courses covering both criminal evidence and civil evidence. It takes a contextual approach discussing how wider policy debates and societal trends have impacted upon the recent evolution of the law in order to provide students with an explanation as to how and why the law has developed. The fifth edition has been revised to include: coverage of R v Hunter 2015 and its impact on good character evidence; developments in procedures relating to young and vulnerable witnesses; and more in-depth coverage of key cases. Learning points summarise the major principles and rules covered and practical examples are used throughout the text to give better understanding as to how the technical rules are applied in practice. Self-test questions are included in the book, helping students to test their understanding and prepare for assessment. Well written, clear and with a logical structure throughout, it contains all the information necessary for any undergraduate evidence law module.




Crime, Procedure and Evidence in a Comparative and International Context


Book Description

This book aims to honour the work of Professor Mirjan Damaška, Sterling Professor of Law at Yale Law School and a prominent authority for many years in the fields of comparative law, procedural law, evidence, international criminal law and Continental legal history. Professor Damaška 's work is renowned for providing new frameworks for understanding different legal traditions. To celebrate the depth and richness of his work and discuss its implications for the future, the editors have brought together an impressive range of leading scholars from different jurisdictions in the fields of comparative and international law, evidence and criminal law and procedure. Using Professor Damaška's work as a backdrop, the essays make a substantial contribution to the development of comparative law, procedure and evidence. After an introduction by the editors and a tribute by Harold Koh, Dean of Yale Law School, the book is divided into four parts. The first part considers contemporary trends in national criminal procedure, examining cross-fertilisation and the extent to which these trends are resulting in converging practices across national jurisdictions. The second part explores the epistemological environment of rules of evidence and procedure. The third part analyses human rights standards and the phenomenon of hybridisation in transnational and international criminal law. The final part of the book assesses Professor Damaška 's contribution to comparative law and the challenges faced by comparative law in the twenty first century.




Evidence in Context


Book Description

This text builds upon current and emerging models of evidence and advocacy instruction, creating synergy between doctrine and skills. With 110 evidentiary problems, two complete cases (one civil, one criminal), advocacy exercises, and examples of proper evidentiary foundations, the book combines the best of both methods through a holistic approach. It allows professors to teach evidentiary issues in context by showcasing them through case analysis. The supporting online multimedia materials and teacher's manual empower professors to fully cover the problems and the case files, teaching what the law is, how to apply it, and why it matters.




Arguments, Stories and Criminal Evidence


Book Description

In this book a theory of reasoning with evidence in the context of criminal cases is developed. The main subject of this study is not the law of evidence but rather the rational process of proof, which involves constructing, testing and justifying scenarios about what happened using evidence and commonsense knowledge. A central theme in the book is the analysis of ones reasoning, so that complex patterns are made more explicit and clear. This analysis uses stories about what happened and arguments to anchor these stories in evidence. Thus the argumentative and the narrative approaches from the research in legal philosophy and legal psychology are combined. Because the book describes its subjects in both an informal and a formal style, it is relevant for scholars in legal philosophy, AI, logic and argumentation theory. The book can also appeal to practitioners in the investigative and legal professions, who are interested in the ways in which they can and should reason with evidence.




Crime in a Psychological Context


Book Description

Referencing clinical case studies throughout, this book encourages students to critically examine crime-related constructs such as psychopathy, antisocial personality disorder and criminal lifestyle, and to explore evidence-based interventions that could prevent further crime.




Evidence in Criminal Trials


Book Description

Shortlisted for DSBA Law Book of the Year Award 2020 Evidence in Criminal Trials is the first Irish textbook devoted exclusively to the subject of criminal evidence. This popular title provides comprehensive, detailed coverage of law and practice on the admissibility of evidence, the presentation of evidence in court and the pre-trial gathering and disclosure of evidence. The work combines analysis of traditional evidentiary doctrine with discussion of its application in practice and takes account of policy development and reform. The subject of evidence is discussed in the broader context of fundamental rights protection under the Constitution, the ECHR and EU law. This updated and extended second edition captures the many significant changes in the law of criminal evidence in recent years. The role of vulnerable witnesses in court proceedings is explored in new chapters on children and vulnerable adults, complainants in sexual offence trials, and victims of crime. The landmark Supreme Court decision in DPP v JC is analysed in an extended chapter on unlawfully obtained evidence and important case law developments relating to confessions and the right to silence are discussed in a detailed chapter on pre-trial interviews with suspects. Other chapters explore the case law of the Supreme Court and Court of Appeal on testimony, corroboration, technological evidence, privilege and disclosure. The Law Reform Commission's recommendations in its 2016 Report on Consolidation and Reform of Aspects of the Law of Evidence are considered in the book's discussion of hearsay and expert evidence. This book will appeal to individuals working and studying in the areas of criminal law and evidence. It will be essential reading for legal practitioners, academics and law students and it will be of interest to others engaged with criminal justice and the court system. This title is included in Bloomsbury Professional's Irish Criminal Law online service.




Criminal Evidence and Human Rights


Book Description

Criminal procedure in the common law world is being recast in the image of human rights. The cumulative impact of human rights laws, both international and domestic, presages a revolution in common law procedural traditions. Comprising 16 essays plus the editors' thematic introduction, this volume explores various aspects of the 'human rights revolution' in criminal evidence and procedure in Australia, Canada, England and Wales, Hong Kong, Malaysia, New Zealand, Northern Ireland, the Republic of Ireland, Singapore, Scotland, South Africa and the USA. The contributors provide expert evaluations of their own domestic law and practice with frequent reference to comparative experiences in other jurisdictions. Some essays focus on specific topics, such as evidence obtained by torture, the presumption of innocence, hearsay, the privilege against self-incrimination, and 'rape shield' laws. Others seek to draw more general lessons about the context of law reform, the epistemic demands of the right to a fair trial, the domestic impact of supra-national legal standards (especially the ECHR), and the scope for reimagining common law procedures through the medium of human rights. This edited collection showcases the latest theoretically informed, methodologically astute and doctrinally rigorous scholarship in criminal procedure and evidence, human rights and comparative law, and will be a major addition to the literature in all of these fields.