Criminal Evidence - Roberts, Paul

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Résumé :
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 contextualized 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....

Biographie:
Paul Roberts, Professor of Criminal Jurisprudence, University of Nottingham

Adrian Zuckerman, Emeritus Professor of Civil Procedure, University of Oxford

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Sommaire:

• 1: Principles of Criminal Evidence


• 2: Procedural Framework of Adversarial Jury Trial


• 3: Admissible Evidence


• 4: Fact-finding and Proof


• 5: Fair Trial


• 6: Burdens of Proof and the Presumption of Innocence


• 7: Witness Testimony and the Principle of Orality


• 8: Criminal Trial Procedure: Examination-in-chief and Cross-examination


• 9: Hearsay


• 10: Vulnerable and Intimidated Witnesses


• 11: Expert Evidence


• 12: Confessions


• 13: The Accused's Privilege Against Self-incrimination


• 14: The Accused's Character and Extraneous Misconduct


• 15: Corroboration and Forensic Reasoning Rules


• 16: Criminal Evidence - Retrospective and Prospects