Book Description
This book aims to provide a self-contained but critical account of the manner in which cases are tried in England and Wales.
Author : Jenny McEwan
Publisher : Hart Publishing
Page : 336 pages
File Size : 13,82 MB
Release : 1998-09-19
Category : Law
ISBN :
This book aims to provide a self-contained but critical account of the manner in which cases are tried in England and Wales.
Author : Jenny McEwan
Publisher : Wiley-Blackwell
Page : 246 pages
File Size : 47,71 MB
Release : 1992-01-01
Category : Law
ISBN : 9780631158455
Author : Jenny Mcewan
Publisher : Wiley-Blackwell
Page : 336 pages
File Size : 32,35 MB
Release : 1992-08-03
Category : Adversary system (Law)
ISBN : 9780631183167
Evidence and the Adversarial Process d, an important new text, reflects the latest views and research on evidence and the adversarial process, and identifies new directions and procedures which are bringing the English trial closer to the continental model. The book both reviews the modern law and challenges traditional assumptions; the theory of the trial is measured against the reality.
Author : Peter J. van Koppen
Publisher : Springer Science & Business Media
Page : 548 pages
File Size : 49,79 MB
Release : 2012-12-06
Category : Psychology
ISBN : 1441991964
This is the first volume that directly compares the practices of adversarial and inquisitorial systems of law from a psychological perspective. It aims at understanding why American and European continental systems differ so much, while both systems entertain much support in their communities. The book is written for advanced audiences in psychology and law.
Author : Stephan Landsman
Publisher : American Enterprise Institute Press
Page : 72 pages
File Size : 23,28 MB
Release : 1984
Category : Law
ISBN :
Author : Robert A. KAGAN
Publisher : Harvard University Press
Page : 353 pages
File Size : 14,66 MB
Release : 2009-06-30
Category : Law
ISBN : 0674039270
Robert Kagan examines the origins and consequences of the American system of "adversarial legalism". This study aims to deepen our understanding of law and its relationship to politics, and raises questions about the future of the American legal system.
Author : Louise Ellison
Publisher : Oxford University Press on Demand
Page : 182 pages
File Size : 28,35 MB
Release : 2001
Category : Law
ISBN : 9780198299097
Until quite recently it was commonplace to describe the witness as the 'forgotten man' in the criminal justice system. The last few years have seen a dramatic shift in thinking with an increasing recognition of the legitimate expectations and rights of witnesses within the criminal process.At the same time research has drawn attention to a host of factors that conspire to deny the courts access to the best evidence potentially available when so-called vulnerable and intimidated witnesses are called upon to testify in accordance with conventional adversarial trial procedures andmethods.The official response so far embodies an approach best described as one of accommodation. Efforts have centred on improving the treatment of witnesses within the established trial framework while preserving an overall commitment to key tenets of adversarial theory. The latter include the principleof orality with its general insistence upon direct evidence and the use of cross-examination as a device for testing the credibility of witnesses.The central contribution of this book lies in its demonstration of the significant limitations of the prevailing approach, most recently manifest in the Youth Justice and Criminal Evidence Act 1999. By providing a broader theoretical framework for understanding the treatment of vulnerable witnessesit signals the need to extend the search for solutions beyond the boundaries of the paradigmatic adversarial model. Drawing upon modern psychological, socio-linguistic, and victimological study across common law jurisdictions, the book provides a systematic critique of the special measures of the1999 Act and of adversarial trial procedure more generally.As a point of contrast the book also explores the contended advantages inherent within inquisitorial style criminal proceedings for witnesses, drawing on the author's own experience of rape proceedings in the Netherlands. Throughout due account is taken of significant recent developments atnational, European, and international levels which have ensured the place victims and witnesses, once excluded, in any discussion of criminal trial fairness.
Author : Lirieka Meintjes-van der Walt
Publisher : Purdue University Press
Page : 0 pages
File Size : 18,28 MB
Release : 2001
Category : Criminal investigation
ISBN : 9789051705287
There is an increasing trend towards greater use of and reliance on expertise to provide the necessary evidence in the fight against crime. Certain forms of expert evidence can be important and powerful tools in crime detection and proof. At the same time expert evidence can be so persuasive that the incorrect use of such evidence could lead to miscarriages of justice. At the interface between criminal justice systems and expert evidence lies the imperative to deal appropriately with expert evidence within a human rights framework. This study shows how three different countries, England and Wales, the Netherlands and South Africa, while upholding different legal traditions, often face similar problems in the realm of expert evidence. These include the often contradictory expectations of law and science respectively, the difficulties associated with the assessment and evaluation of the probative value of expert evidence as well as the problems associated with the integration of expert evidence in the criminal justice process. In the quest for answers to these questions, the author compares the 'hybrid' criminal justice system of South Africa with the 'adversarial' system found in England and Wales and the 'inquisitional' system in the Netherlands. Beginning with an examination of the meaning and nature of expert evidence, the investigation traces the role of expert evidence in pre-trial proceedings; procedural aspects of expert evidence during trial; the ability to challenge expert evidence and culminates with the dilemma of gauging the probative value of the evidence. This book contributes to the international debate about expert evidence. It is a worthy source for lawyers and judges in South Africa, the Netherlands and England and Wales.
Author : John H. Langbein
Publisher : Oxford University Press, USA
Page : 378 pages
File Size : 46,45 MB
Release : 2003
Category : Law
ISBN : 0199258880
The lawyer-dominated adversary system of criminal trial, which now typifies practice in Anglo-American legal systems, was developed in England in the 18th century. This text shows how and why lawyers were able to capture the trial.
Author : Jonathan Doak
Publisher : Routledge
Page : 394 pages
File Size : 19,27 MB
Release : 2012-05-16
Category : Law
ISBN : 113632321X
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.