Evidence

by Munday, Roderick

• ISBN13: 9780199285105
• ISBN10: 0199285101
• Edition: 3rd
• Format: Paperback
• Copyright: 2005-09-02
• Publisher: Oxford University Press

Summary

This third edition of Evidence sets out the subject's principal rules in a highly readable style. The book incorporates the profound changes that have occurred within this fast-evolving area of law since the previous edition, including the reforms effected by the Criminal Justice Act 2003 and numerous developments in the case law.

Author Biography

Roderick Munday, MA, PhD (Cantab), Reader in Law, University of Cambridge, Fellow and Director of Studies in Law, Peterhouse, Cambridge, Associate Professor, Universite Pantheon-Assas, Paris II

Table of Contents

Preface	xi
Table of statutes	xiii
Table of cases	xxi
Introduction	1	(14)
Chapter one Relevance and admissibility of evidence	15	(52)
The respective functions of judge and jury	17	(3)
The concept of relevance	20	(4)
The so-called 'best evidence principle'	24	(1)
Matters of which proof is unnecessary	25	(7)
Judicial findings as evidence	32	(11)
Prejudicial evidence, unfairly obtained evidence and suspect witnesses	43	(15)
Evidence excluded as a matter of public policy	58	(7)
Further reading	65	(1)
Self-test questions	65	(2)
Chapter two Presumptions and the burden of proof	67	(50)
The 'legal burden of proof' and the 'evidential burden'	68	(2)
The 'tactical burden'	70	(2)
The prosecution's legal burden of proof in criminal cases	72	(2)
When the defendant in a criminal case bears the legal burden of proof	74	(6)
The standard of proof	80	(2)
The evidential burden	82	(2)
The judge's 'invisible burden'	84	(1)
The burden of proof when establishing the admissibility of evidence	85	(1)
Presumptions and the incidence of the burden of proof	86	(1)
Reversal of the burden of proof and the European Convention on Human Rights	87	(28)
Further reading	115	(1)
Self-test questions	115	(2)
Chapter three Witnesses: competence, compellability and various privileges	117	(38)
The competence of witnesses in civil and criminal cases	118	(2)
The compellability of witnesses	120	(8)
Sworn and unsworn evidence	128	(1)
Privileges enjoyed by certain classes of witnesses	129	(18)
Public interest immunity	147	(5)
Further reading	152	(1)
Self-test questions	153	(2)
Chapter four The course of the trial	155	(64)
The right to begin	156	(1)
The role of the judge	157	(1)
The judge's right to call a witness	158	(1)
Examination-in-chief	159	(1)
Hostile witnesses	160	(5)
Cross-examination	165	(18)
Re-examination	183	(1)
Calling evidence relating to witnesses' veracity	184	(5)
The Crown's right to reopen its case	189	(3)
Special protections extended to various classes of witness in criminal cases	192	(24)
Further reading	216	(1)
Self-test questions	217	(2)
Chapter five Witnesses' previous consistent statements and the remnants of the rule against narrative	219	(28)
The rule excluding previous consistent statements	220	(22)
Evidence-in-chief delivered by video recording (Criminal Justice Act 2003,s 137)	242	(1)
Statements made by the accused when first taxed with incriminating facts	243	(2)
Statements made by the accused when incriminating articles are recovered	245	(1)
Further reading	246	(1)
Self-test questions	246	(1)
Chapter six Character and credibility	247	(20)
Issue and credit	247	(2)
The concept of 'credibility'	249	(1)
Bringing out the character of the parties and their witnesses	250	(4)
Evidence of the defendant's good character	254	(9)
Further reading	263	(1)
Self-test questions	264	(3)
Chapter seven Evidence of the defendant's bad character	267	(78)
Whether or not to admit evidence of a defendant's misconduct on other occasions	268	(73)
I. The admission of evidence of a defendant's bad character in criminal cases: Part II of the Criminal Justice Act 2003	273	(65)
II. Similar fact evidence in civil cases	338	(3)
Further reading	341	(1)
Self-test questions	342	(3)
Chapter eight The opinion rule and the presentation of expert evidence	345	(30)
The general rule excluding evidence of opinion	346	(1)
Four exceptions to the opinion rule born of necessity	347	(2)
The principal exception to the opinion rule: expert opinion	349	(19)
Scientific evidence: the presentation of DNA evidence	368	(3)
The presentation of scientific evidence: Bayes theorem and instructing the jury in mathematical probabilities	371	(2)
Further reading	373	(1)
Self-test questions	374	(1)
Chapter nine The rule against hearsay	375	(74)
The rationale underlying a rule against hearsay	376	(70)
I. Hearsay in criminal cases	379	(62)
II. Hearsay in civil proceedings	441	(5)
Further reading	446	(1)
Self-test questions	446	(3)
Chapter ten Confessions	449	(46)
What constitutes a 'confession' under PACE, s 82(1)?	452	(1)
At common law an accused's silence may amount to an admission	453	(3)
Can a denial ever amount to a 'confession' under PACE,s 82(1)?	456	(3)
The conditions of admissibility of confessions under PACE	459	(19)
What if the accused, having first made an inadmissible confession, later makes a further confession which is obtained by proper methods?	478	(1)
Confessions by mentally handicapped persons (PACE, s 77)	479	(1)
The admissibility of evidence discovered in consequence of an inadmissible confession	479	(2)
The status of 'mixed statements'	481	(1)
An accused's statement to the police is not evidence against other co-accused	481	(4)
An accused's right to use his co-accused's confession (Criminal Justice Act 2003,s 128)	485	(7)
Further reading	492	(1)
Self-test questions	492	(3)
Chapter eleven Drawing adverse inferences from a defendant's omissions, lies or false alibis	495	(54)
I. Inferences drawn from the defendant's silence:the Criminal Justice and Public Order Act 1994	496	(6)
II. The silence provisions of the Criminal Justice and Public Order Act 1994	502	(40)
III. Inferences drawn from lies told by the defendant	542	(4)
IV. Inferences drawn from false alibis put forward by the defendant	546	(1)
Further reading	547	(1)
Self-test questions	548	(1)
Chapter twelve Identification evidence	549	(30)
The inherent unreliability of evidence of identification	550	(1)
The Court of Appeal's decision in Turnbull	550	(10)
Identification procedures and PACE, Code D	560	(8)
Code D and the various methods of identification	568	(1)
Dock identifications	569	(1)
Police photographs	570	(1)
Identifications made from photographs and videotape	571	(1)
Photographic identification and the expert ad hoc	572	(4)
Other assorted means of identification, including tracker dogs	576	(1)
Further reading	577	(1)
Self-test questions	578	(1)
Chapter thirteen Documents	579	(10)
What is a 'document'?	580	(1)
Proof of 'public documents' and 'judicial documents'	580	(1)
Proof of 'private documents' by primary evidence	581	(1)
Proof of 'private documents' by means of copies	582	(1)
Proof of 'private documents' by means of other forms of secondary evidence	583	(2)
Bankers' books	585	(2)
Self-test questions	587	(2)
Index	589