Author: Steve Uglow (https://www.kent.ac.uk/law/people/uglow.htm)

Publisher: Sweet & Maxwell

Jurisdiction: England & Wales

Publication Date: 29/08/2006

ISBN: 0421925108 / 9780421925106

CONTENTS

The adversarial, the logical and the legal

*Introduction

*The common law trial

*Evidence and proof - preliminary matters

*Some logical considerations

*Some common fallacies

Trial procedure - the judge and the jury

*The procedure of the trial - running order

*The role of the judge

*Functions of juries

The burden and standard of proof

*What if proof?

*The burden of proof

*The standard of proof

Police investigation, interrogation and confession

*Judicial discretion and exclusion of evidence

*The admissibility of confessions

Documentary and real evidence

*Documentary evidence

*Proof of contents

*Proof of due execution

*Real evidence

Immunities from testifying: public interest immunity

*Access to evidence

*Public immunity versus private privilege

*Public interest immunity

Immunities from testifying: private privileges and confidential information

*Legal professional privilege

*Statements without prejudice

*Confidential communications

*The privilege against self-incrimination

The testimony of witnesses: their reliability, competence and compellability

*The primacy of oral evidence and modes of proof

*Evaluating witness testimony

*Who can testify? Who must testify?

*The defendant as witness

*The spouse of the defendant as witness

The testimony of witnesses: the need for supportive evidence

*Introduction

*Supportive evidence

*Supporting evidence issuing from the accused

*Categories of evidence needing support

The testimony of witnesses: pre-trial disclosure and examination-in-chief

*Providing information before the trial

*Disclosure of evidence in civil cases

*Disclosure of evidence in criminal cases

*Oral testimony

*Examination-in-chief

The testimony of witnesses: the hostile witness and cross-examination

*Impeaching witnesses

*Cross-examination

*Re-examination

The testimony of witnesses: vulnerable witnesses

*Victims and witnesses

*Victims of sexual offences

*Child witnesses

Character evidence

*The relevance of character in civil proceedings

*The relevance of character in criminal proceedings

Similar fact evidence

*Introduction

*The Makin principle

*Boardman and "striking similarity"

*Similar fact evidence in civil proceedings

The accused as witness

*Introduction

*The Sword and the Shield - Section 1(E) and Section 1(F)

*Tarred with the same brush - Police and Criminal Evidence Act 1984, Section 74

The rule against hearsay - its scope and rationale

*The common law rule

*Out-of-court assertions

*Justifications

*The scope of hearsay

*The scope of the hearsay rule - hearsay or original evidence?

*The scope of the hearsay rule - implied assertions

*The scope of the hearsay rule - mechanical devices

*Hearsay problems

Common law exceptions to hearsay

*Introduction

*Informal admissions

*Statements in public documents

*Works of reference

*Statement by deceased persons

*Res Gestae

Statutory exceptions to hearsay proceedings: The Criminal Justice Act 1988 and other animals

*Documentary hearsay in criminal cases - a brief history

*Documents produced by computer

*Criminal Justice Act 1988, Section 23 - first-hand documentary hearsay

*Criminal Justice Act 1988, Section 24 - second-hand documentary hearsay

*Safeguards under Sections 25 and 26 - discretion to exclude and leave to admit

*Other statutes admitting documentary hearsay

Statutory exceptions to hearsay in civil proceedings: Civil Evidence Act 1995

*The earlier legislation

*The new approach

*Old

SUBJECT GROUPS

Academic Law

Evidence

PRICING OPTIONS

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整理者：Jackie