The fourth edition has been revised and updated to address the radical changes brought about by the Criminal Justice Act 2003, particularly in relation to hearsay, character evidence and opinion evidence and to expand coverage of the Human Rights Act 1998.
Particular attention is given to changes made by the revised Codes of Practice, and to the growing body of case law on topics such as reverse burden of proof, the cross-examination of rape victims, evidence obtained by entrapment, and silence in the face of police questioning.
Now including enhanced pedagogical support such as chapter summaries, further reading advice and boxed examples, this leading textbook can be used on both undergraduate and professional courses.
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.
After a brief review of the English and colonial origins of these rights, a careful analysis of each focuses primarily on the revolutionary cases of the 20th century that produced a convergence of these rights in the famous case of "Miranda v. Arizona" (1966). The work examines subsequent cases and discusses issues that lie ahead, including those related to the war on terror.
Adopting a clear and simple approach with legal vocabulary explained in a detailed glossary, Charanjit Singh Landa breaks the subject of Evidence Law down using practical everyday examples to make it understandable for anyone, whatever their background. Diagrams and flowcharts simplify complex issues, important cases are identified and explained and on-the- spot questions help you recognise potential issues or debates within the law so that you can contribute in classes with confidence.
Beginning Evidenceis an ideal first introduction to the subject for LLB, GDL or ILEX and especially international students, those enrolled on distance learning courses or on other degree programmes.