Full Description
The text develops the readers' understanding of the law of evidence in both a practical and an academic way by examining and analysing the law in the context of the adversarial and managed systems of criminal and civil justice. This book takes a different approach by formally recognising the operation of the different evidential principles between criminal and civil cases; including a detailed section on the law of civil evidence; recognising that the study of evidence should reflect the practical context in which the rules operate; anticipating important proposed legislative changes in the law of evidence and by recognising the impact of the implementation of the Human Rights Act 1998 on the law of evidence.
Contents
PART 1 1. Introduction to the Laws of Evidence 2. The Human Rights Act 1998 and the Law of Evidence PART 2 3. Criminal Proceedings 4. Ensuring a Fair Trial 5. The Right to Silence 6. Confession evidence 7. Identification Evidence 8. Burdens and Standards of Proof 9. Evidence Relevant to Guilt 10. Character Evidence Relevant to Credibility 11. Disclosure-Excluding Relevant and Admissible Evidence in the Public Interest 12. Examination of Witness 13. The Oral Testimony of Vulnerable or Unreliable Witnesses 14. Hearsay in Criminal Cases and Common Law Exception 15. Statutory Exceptions to the Hearsay Rule PART 3 16. Introduction to the Rules of Civil Evidence and Procedure 17. The Burdens of Proof in Civil Cases 18. The Requirement for Proof-Exceptions to the General Rule 19. Disclosure in Civil Proceedings-The Rules of Evidence 20. Witness Evidence at Trial-Pre-Trial practice and Procedure 21. Evidence at Trial- The Examination of Witnesses 22. Admissible Hearsay Evidence in Civil Cases 23. Expert Evidence in Civil Cases 24. Evidence of Character and Convictions in Civil Proceedings