Innovations in Evidence and Proof is published at an exciting time of theoretical renewal and increasing empirical sophistication in legal evidence, proof and procedure scholarship. This groundbreaking collection will be essential reading for Evidence teachers, and will also engage the interest and imagination of scholars, researchers and students investigating issues of evidence and proof in any legal system, municipal, transnational or global.
In the past, the rule excluding evidence of the defendant's general bad character and disposition to commit the offence was sometimes described as one of the most hallowed rules of evidence; Lord Sankey, in Maxwell v DPP, referred to it as '...one of the most deeply rooted and jealously guarded principles of our criminal law.' In reality it was not particularly ancient, and as the years went by it was increasingly attacked. On technical grounds the body of law surrounding it was criticised as over-complicated and inconsistent, and more radical critics condemned it as unduly favourable to the guilty. In response to this, the law was completely recast in Part 11 of the Criminal Justice Act 2003. This book, now again updated to take account of further legislative changes, case-law and academic writing, offers a thorough analysis of the bad character provisions of the Criminal Justice Act 2003 in the light of the way in which they have been interpreted by the courts.
This fourth edition has been revised and expanded to include developments in the law of hearsay evidence as well as recent litigation surrounding witness anonymity orders, bad character and vulnerable witnesses. It also addresses the on-going controversy and debate about the use of expert witnesses. A brand new chapter considers the contentious issue of public interest immunity, and the introductory chapter has been substantially expanded to consider the continuing interplay between the UK courts and the European Court of Human Rights as the role of human rights in evidence becomes increasingly important.
Key learning points to summarise the major principles of evidence law
Practical examples to help students understand how the rules are applied in practice
Self-test questions to encourage students to reflect on what they have learned
A supporting companion website including answers to self-test questions
Well-written, clear and with a logical structure throughout, Evidence in Context contains all the information necessary for any undergraduate evidence law module.
Fully updated and revised with all the most important recent legal developments, Routledge Lawcards are packed with features:
Revision checklists help you to consolidate the key issues within each topic Colour coded highlighting really makes cases and legislation stand out Full tables of cases and legislation make for easy reference Boxed case notes pick out the cases that are most likely to come up in exams Diagrams and flowcharts clarify and condense complex and important topics
'...an excellent starting point for any enthusiastic reviser. The books are concise and get right down to the nitty-gritty of each topic.' - Lex Magazine
Routledge Lawcards are supported by a Companion Website offering:Flashcard glossaries allowing you to test your understanding of key terms and definitions Multiple Choice Questions to test and consolidate your revision of each chapter Advice and tips to help you better plan your revision and prepare for your exams
Titles in the Series: Commercial Law; Company Law; Constitutional Law; Contract Law; Criminal Law; Employment Law; English Legal System; European Union Law; Evidence; Equity and Trusts; Family Law; Human Rights; Intellectual Property Law; Jurisprudence; Land Law; Tort Law
Fully updated and revised with all the most important recent legal developments, Routledge-Cavendish Lawcards are now packed with even more features:
New revision checklists help you to consolidate the key issues within each topic
Colour coded highlighting really makes cases and legislation stand out
New tables of cases and legislation make for easy reference
Boxed case notes pick out the cases that are most likely to come up in exams
More diagrams and flowcharts clarify and condense complex and important topics
"...these spiral-bound beauties...are an excellent starting point for any enthusiastic reviser. The books are concise and get right down to the nitty-gritty of each topic."
Routledge-Cavendish Lawcards are now supported by a Companion Website at www.routledge.com/textbooks/xxx
The book develops a normative theory which proposes that the criminal process should operate as a mechanism for calling the state to account for its accusations and request for official condemnation and punishment of the accused. It goes on to examine the limitations placed on the privilege against self-incrimination, the curtailment of the right to silence, and the defendant’s duty to disclose the details of his or her case prior to trial. The book shows that, by placing participatory requirements on defendants and penalising them for their non-cooperation, a system of obligatory participation has developed. This development is the consequence of pursuing efficient fact-finding with little regard for principles of fairness or the rights of the defendant.