Synopsis
This work 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.
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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.
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