Raitt On Evidence: Principles, Policy and Practice 3rd Edition

Others

Raitt On Evidence: Principles, Policy and Practice 3rd Edition

Edited by Eamon Keane · Fraser Davidson
W. Green August 2018

Specifications

ISBN-13
9780414032958
Publisher
W. Green
Publication
August 2018
Format
Paperback
Jurisdiction
Scotland ? Countri(es) for reference only

Details

As with the previous edition this title focuses on how the key features of the adversarial system influence the way that evidence is gathered, assessed and used in the civil and criminal courts.

Evidence: Principles, Policy and Practice provides broad coverage of the principles and concepts of evidence and sets these within a contemporary policy context. It takes account of the growing body of law from the European Court of Human Rights, considers the particular impact this has had on our adversarial system of justice, and anticipates areas of future development and law reform. This new 3rd Edition is completely updated and contains significant discussion over the ongoing issue of corroboration.

Case law and statutory provisions are discussed to illustrate principles, as well as to present strategies and arguments and to identify the scope for reform. The text is designed to meet the needs of both law students and legal practitioners.

Table of Contents

The adversarial system
Oral testimony- fact construction- judicial discretion- impact of ECHR jurisprudence
Concepts of evidence: relevancy- admissibility and exclusionary rules- sufficiency and corroboration

The role and status of witnesses
Witnesses: competence and compellability- credit and cross-examination-reliability and weight
Children and other vulnerable witnesses
Expert witnesses and opinion evidence

The process of proof
Proof: burdens of proof, standard of proof, presumptions and judicial knowledge
Corroboration: Moorov doctrine / distress
Conduct of the proof or trial

The exclusionary rules
Improperly obtained evidence:confessions and goods
Character, including sexual history evidence
Hearsay
Privilege, including legal professional privilege and public interest immunity
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