The Principles of Criminal Evidence - Couverture rigide

Zuckerman, A. A. S.

Couverture rigide

ISBN 10 : 0198761031 ISBN 13 : 9780198761037

Editeur : Clarendon Press, 1989

Synopsis

The law of criminal evidence has a cohesion of principles which requires its separate treatment. Like any procedure for determining the truth about events, it has to be evaluated by reference to its structure and its general principles. This introductory textbook on the law of criminal evidence explains that its central feature is the continual search for a balance between competing demands, the first of which is the desire to discover the truth. This desire assumes a special significance in the criminal trial where it reflects the powerful public interest in bringing offenders to justice. The second principle is the protection of the innocent from conviction, which finds expression in several rules such as the requirement of proof beyond reasonable doubt and the rule excluding evidence which may create prejudice against the second. The third principle is that of maintaining standards of propriety in the criminal process. The latter underpins the privilege against self-incrimination, affects the procedure for obtaining confessions and influences the court's attitude to improperly obtained evidence.

A propos du livre

Présentation de l'éditeur

Criminal Evidence presents a critical commentary on the rules and principles regulating the admissibility of evidence and the processes of fact-finding in English criminal trials. The existing legal rules and their underlying values are fully contextualised and evaluated, and opportunities for reform are systematically examined. Practical issues of inference and fact-finding are covered in detail, as are the moral and political foundations of evidentiary rules. Theoretical and doctrinal innovation in the presumption of innocence, privilege against self-incrimination, improperly obtained evidence, witness examination, hearsay, character, and the law of corroboration are considered, taking full account of the statutory reforms of the Criminal Justice Act 2003 and subsequent case law. As a contribution to procedural scholarship, Criminal Evidence presents a distinctive vision and stakes out new territory in the law of evidence and proof. Highly engaging, stimulating and provocative, Criminal Evidence provides the ideal text for any student who wishes to gain a detailed understanding of the principles that underlie the law of criminal procedure and evidence. It also provides a valuable source of analysis and commentary for legal practitioners and scholars specializing in criminal litigation, and contributes towards a critical evaluation of recent statutory reforms and their judicial interpretation.

Présentation de l'éditeur

Based on Adrian Zuckerman's Principles of Criminal Evidence, this new book offers a critical commentary on the main rules and principles regulating the admission of evidence in English criminal proceedings. Existing legal rules are placed in their theoretical, institutional, procedural, and broader criminal justice context, and reform options are systematically canvassed and examined. Thoroughly revised and updated to take into account all the doctrinal developments over the last fourteen years, Roberts and Zuckerman cover all the major changes relating to the presumption of innocence, privilege against self-incrimination, hearsay, character, and the law of corroboration. The book also fully integrates the European Convention of Human Rights and post HRA developments to date. Its engaging and accessible style and increased emphasis on the moral and political foundations of evidentiary rules will interest Evidence scholars, students, and teachers throughout the common law world and beyond.

Détails de l'édition

• Éditeur: Clarendon Press
• Date d'édition: 1989
• Langue: anglais
• ISBN 10: 0198761031
• ISBN 13: 9780198761037
• Reliure: Relié
• Nombre de pages: 408
• Coordonnées du fabricant: non disponible
• Personne responsable: Ufficio Anagrafiche Messaggerie; ufficio.anagrafiche@meli.it; ; Via Verdi, 8; Assago Milano; 20090; Italie