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9. Examination and cross-examination 9. 质证和交叉质证
Concentrate Questions and Answers Evidence Pub Date : 2018-08-02 DOI: 10.1093/HE/9780198819905.003.0009
M. Spencer, J. Spencer
{"title":"9. Examination and cross-examination","authors":"M. Spencer, J. Spencer","doi":"10.1093/HE/9780198819905.003.0009","DOIUrl":"https://doi.org/10.1093/HE/9780198819905.003.0009","url":null,"abstract":"The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary and illustrative diagrams and flow charts. This chapter deals with the type of questions that can or cannot be asked in examination-in-chief or cross-examination in criminal trials. This area overlaps considerably with criminal procedure, and Evidence courses vary in the topics they cover. The chapter covers refreshing of memory, rules on previous consistent statements and exceptions, and hostile witnesses in respect of examinations-in-chief. In respect of cross-examination, it covers rules on previous inconsistent statements, finality to answers to collateral questions and exceptions, the special rule for cross-examination of complainants in sexual offence cases and non-defendant’s bad character.","PeriodicalId":183789,"journal":{"name":"Concentrate Questions and Answers Evidence","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-08-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115348359","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
6. Confessions, the defendant’s silence, and improperly obtained evidence 6. 供词，被告的沉默，以及非法获取的证据
Concentrate Questions and Answers Evidence Pub Date : 2018-08-02 DOI: 10.1093/HE/9780198819905.003.0006
M. Spencer, J. Spencer
{"title":"6. Confessions, the defendant’s silence, and improperly obtained evidence","authors":"M. Spencer, J. Spencer","doi":"10.1093/HE/9780198819905.003.0006","DOIUrl":"https://doi.org/10.1093/HE/9780198819905.003.0006","url":null,"abstract":"The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary and diagrams and flow charts. This chapter covers three areas: confessions, silence of the accused and judicial discretion to exclude improperly obtained prosecution evidence. It explains how the most persuasive, sometimes only, evidence available to the prosecution is a pre-trial confession. While confessions have long been accepted as evidence of guilt, they have also posed risks of unreliability and violation of individual autonomy. Defendants may not be making a true confession or may have been obtained as a result of pressure. Permissible inferences from a pre-trial failure to respond to questions has the crucial difference that such failure alone cannot found a conviction. English law has previously been unwilling to acknowledge the case for excluding evidence which involves the police acting improperly or even illegally.","PeriodicalId":183789,"journal":{"name":"Concentrate Questions and Answers Evidence","volume":"33 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-08-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130490126","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
2. Burden and standard of proof: Presumptions 2. 举证责任和标准:推定
Concentrate Questions and Answers Evidence Pub Date : 2018-08-02 DOI: 10.1093/he/9780198819905.003.0002
M. Spencer, J. Spencer
{"title":"2. Burden and standard of proof: Presumptions","authors":"M. Spencer, J. Spencer","doi":"10.1093/he/9780198819905.003.0002","DOIUrl":"https://doi.org/10.1093/he/9780198819905.003.0002","url":null,"abstract":"The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary and illustrative diagrams and flow charts. This chapter discusses the allocation of the burden of proof in civil and criminal trials, depending on who should bear the risk. In criminal trials the ‘presumption of innocence’ means that the burden is on the prosecution, unless reversed by express or implied statutory provision. The law of evidence safeguards what in some jurisdictions is a civil right backed by the constitution. It is important to understand the difference between the legal and evidential burden and the occasions where they are separately allocated. Tricky areas are where there is a divorce of the legal and evidential burden, primarily in situations where the prosecution cannot expect to put up evidence to anticipate every specific defence the accused may present.","PeriodicalId":183789,"journal":{"name":"Concentrate Questions and Answers Evidence","volume":"41 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-08-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133702842","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
12. Skills for success in coursework assessments 12. 成功通过课程作业评估的技能
Concentrate Questions and Answers Evidence Pub Date : 2018-08-02 DOI: 10.1093/HE/9780198819905.003.0012
M. Spencer, J. Spencer
{"title":"12. Skills for success in coursework assessments","authors":"M. Spencer, J. Spencer","doi":"10.1093/HE/9780198819905.003.0012","DOIUrl":"https://doi.org/10.1093/HE/9780198819905.003.0012","url":null,"abstract":"The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary and illustrative diagrams and flow charts. This chapter gives guidance on answering coursework questions and expands on the distinguishing features of coursework which are research, authorities and citation. You will be expected to have researched in more than usual depth to answer these types of questions and to give full as well as accurate references for your arguments and analysis. The chapter also covers writing and reading; sources; academic writing; keeping organised notes; analysis, writing style and referencing; and assessment criteria. A coursework example question, with accompanying answer guidance, is also available.","PeriodicalId":183789,"journal":{"name":"Concentrate Questions and Answers Evidence","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-08-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126901954","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
7. Supporting evidence: Lies, identification evidence, and suspect witnesses 7. 支持证据:谎言、鉴定证据和可疑证人
Concentrate Questions and Answers Evidence Pub Date : 2018-08-02 DOI: 10.1093/HE/9780198819905.003.0007
M. Spencer, J. Spencer
{"title":"7. Supporting evidence: Lies, identification evidence, and suspect witnesses","authors":"M. Spencer, J. Spencer","doi":"10.1093/HE/9780198819905.003.0007","DOIUrl":"https://doi.org/10.1093/HE/9780198819905.003.0007","url":null,"abstract":"The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary and illustrative diagrams and flow charts. This chapter discusses supporting evidence, which is variously referred to in textbooks as hazardous evidence, supporting evidence or safeguards against unreliability and error. Supporting evidence encompasses types of evidence that might intrinsically be of questionable reliability and, therefore, require supportive evidence. Key areas are disputed identification and lies told by the defendant. It is important to be familiar with the two distinct ways that the reliability of identification evidence is enhanced: first, the judge should issue the Turnbull guidelines; and, secondly, Code D of the Codes of Practice of the Police and Criminal Evidence Act 1984 should be followed in relation to identification procedures.","PeriodicalId":183789,"journal":{"name":"Concentrate Questions and Answers Evidence","volume":"65 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-08-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123613205","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
11. Mixed topic questions 11. 混合主题问题
Concentrate Questions and Answers Evidence Pub Date : 2018-08-02 DOI: 10.1093/HE/9780198819905.003.0011
M. Spencer, J. Spencer
{"title":"11. Mixed topic questions","authors":"M. Spencer, J. Spencer","doi":"10.1093/HE/9780198819905.003.0011","DOIUrl":"https://doi.org/10.1093/HE/9780198819905.003.0011","url":null,"abstract":"The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary and diagrams and flow charts. This chapter describes how examination questions frequently cover several issues. It is impossible to cover each area in the same depth as single-issue questions so it is important to take time listing matters that raise points of law, then specifying the appropriate statute or case law, and finally applying the law to the given facts. A well-crafted question will not contain redundant information, so be prepared to comment on all parts of it. These questions do not ask for an evaluation or criticism of the law as it is, but for identification of legal issues in the narrative given and application of the law to each. It may be appropriate to refer to academic commentary, particularly in new areas of law.","PeriodicalId":183789,"journal":{"name":"Concentrate Questions and Answers Evidence","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-08-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125316941","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
3. Witnesses: Competence and compellability; Special Measures Directions 3.证人:能力和说服力;特别措施
Concentrate Questions and Answers Evidence Pub Date : 2018-08-02 DOI: 10.1093/he/9780198819905.003.0003
M. Spencer, J. Spencer
{"title":"3. Witnesses: Competence and compellability; Special Measures Directions","authors":"M. Spencer, J. Spencer","doi":"10.1093/he/9780198819905.003.0003","DOIUrl":"https://doi.org/10.1093/he/9780198819905.003.0003","url":null,"abstract":"The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary and illustrative diagrams and flow charts. This chapter covers witnesses, who are a principal source of evidence, and the rules relating to their attendance. All witnesses with relevant information are assumed to be competent to give evidence and usually compellable to give evidence, as the court may summon them to attend. Interests of the witness are secondary to the need of the court to have all necessary information. Some witnesses who are competent may claim a privilege not to give evidence, including defendants on their own behalf. Other exceptions comprise spouses or civil partners testifying for the prosecution. This is based on the concept that compulsion may lead to marital discord. The chapter also includes a review of Special Measures Directions for vulnerable witnesses.","PeriodicalId":183789,"journal":{"name":"Concentrate Questions and Answers Evidence","volume":"30 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-08-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133367355","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
1. Exam skills for success in evidence 1. 考试技巧成功的证据
Concentrate Questions and Answers Evidence Pub Date : 2018-08-02 DOI: 10.1093/he/9780198819905.003.0001
M. Spencer, J. Spencer
{"title":"1. Exam skills for success in evidence","authors":"M. Spencer, J. Spencer","doi":"10.1093/he/9780198819905.003.0001","DOIUrl":"https://doi.org/10.1093/he/9780198819905.003.0001","url":null,"abstract":"The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary and illustrative diagrams and flow charts. This book is a supplementary aid to coursework preparation and particularly to revision for examinations and coursework. It does not present model answers to be slavishly imitated but, rather, examples to help the student understand the topic and see how it might be approached. The examinee’s objective is to accumulate in the time allowed as many marks as possible, a goal that needs to be broken down into three stages: namely, planning, execution and review. These days law examinations can take different forms, including seen questions, open book exams and so on. To take account of this, the book includes essay answers that are closer to more fully researched pieces than to the answers in a traditional unseen examination.","PeriodicalId":183789,"journal":{"name":"Concentrate Questions and Answers Evidence","volume":"176 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-08-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129529377","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
4. Character 4. 字符
Concentrate Questions and Answers Evidence Pub Date : 2018-08-02 DOI: 10.1093/he/9780198819905.003.0004
M. Spencer, J. Spencer
{"title":"4. Character","authors":"M. Spencer, J. Spencer","doi":"10.1093/he/9780198819905.003.0004","DOIUrl":"https://doi.org/10.1093/he/9780198819905.003.0004","url":null,"abstract":"The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary and diagrams and flow charts. This chapter concerns a complex question in criminal evidence: situations where defendants may adduce evidence of good character to suggest lack of guilt and support credibility, and those where prosecution counsel or counsel for the co-defendant may cross-examine them on previous ‘reprehensible’ behaviour. The exclusionary rule was fundamental to the English legal system and founded on the principle that the defendant should have a fair trial. The Criminal Justice Act (CJA) 2003 made comprehensive changes to the rules of admissibility of evidence of bad character of the defendant and witnesses providing that ‘the common law rules governing the admissibility of evidence of bad character in criminal proceedings are abolished’. There is now a presumption of admissibility of that evidence.","PeriodicalId":183789,"journal":{"name":"Concentrate Questions and Answers Evidence","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-08-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129266986","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
5. Hearsay 5. 传闻
Concentrate Questions and Answers Evidence Pub Date : 2018-08-02 DOI: 10.1093/he/9780198819905.003.0005
M. Spencer, J. Spencer
{"title":"5. Hearsay","authors":"M. Spencer, J. Spencer","doi":"10.1093/he/9780198819905.003.0005","DOIUrl":"https://doi.org/10.1093/he/9780198819905.003.0005","url":null,"abstract":"The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary and illustrative diagrams and flow charts. This chapter focuses on the rule against hearsay, which is, historically, one of the great exclusionary rules underlying the law of evidence. In 1997 the Law Commission recommended that hearsay evidence be put on a clearer statutory footing in criminal trials. This eventually led to wholesale reform in the Criminal Justice Act (CJA) 2003, which preserves the rule but increases the number of exceptions and safeguards, providing a comprehensive regime for hearsay. The chapter provides an overview of the changes to hearsay introduced by the CJA 2003.","PeriodicalId":183789,"journal":{"name":"Concentrate Questions and Answers Evidence","volume":"124 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-08-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131141685","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
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