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New PDF release: Evidence Saver: Criminal Evidence in Context

By Jonathan Doak, Claire McGourlay

ISBN-10: 0415458498

ISBN-13: 9780415458498

Criminal proof in Context explains the main innovations of proof legislations in England and Wales in actual fact and concisely, set opposed to the backdrop of the wider political and theoretical contexts. It informs scholars of the most important debates in the box, delivering an evidence as to how and why the legislations has constructed because it has.

This moment edition has been completely revised and up to date take into consideration contemporary advancements within the legislations and the massive quantity of case legislations that has emerged due to the fact that booklet of the former version. It contains new chapters at the privilege of non-incrimination; improperly-obtained proof; and professional evidence.

Each chapter contains quite a number pedagogical instruments together with key issues, self-test questions and suggestion on extra interpreting. Diagrams, flowcharts and bullet points make this article effortless to persist with and make clear complicated and demanding topics.

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Additional info for Evidence Saver: Criminal Evidence in Context

Example text

Popular fiction and televised legal dramas often portray circumstantial evidence in rather derogatory terms; phrases such as ‘the case against the accused is only circumstantial’ are relatively commonplace. However, in practice, circumstantial evidence is relied upon by the parties just as much as direct oral testimony. This is, perhaps, unsurprising, since it is in the 49 See Ch 5, pp 121–25. below, Ch 7. 51 [1991] Crim LR 362. 52 See further discussion in Ch 7, pp 216–17. 50 See Chapter 1: Key Concepts 15 nature of most crimes that they are not committed in the presence of eyewitnesses, and thus circumstantial evidence may be the only available evidence.

At this point in the trial the defence may have an evidential burden to adduce sufficient evidence of a defence they are relying on. For example, in a murder trial he or she may wish to rely upon self-defence or provocation. If the defence do not adduce sufficient evidence of a particular defence to make it a live issue in the case, and there is no other evidence of that defence, the trial judge will not allow that defence to be put the jury, and the prosecution are not required to adduce evidence rebutting that defence.

31 Landsman, S The Adversary System, a Description and Defence (1984: Washington, The American Enterprise Institute), p 37. g. rules excluding hearsay, character evidence and confession evidence. 33 Thibaut, J and Walker, L ‘A Theory of Procedure’ (1978) 66 California Law Review 541. 34 Bentham, J Rationale of Judicial Evidence Vol 1 (1827: London, Hunt and Clarke), (1978: New York, Garland). 35 In theory, judges can widen the scope of the fact-finding process. For example, they may call witnesses of their own motion (R v Wallwork (1958) 42 Cr App R 153).

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Evidence Saver: Criminal Evidence in Context by Jonathan Doak, Claire McGourlay

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