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Evidence, Witnesses and the Course of Trial (From Criminal Justice, P 181-233, 1995, Steve Uglow -- See NCJ-158654)

NCJ Number
S Uglow
Date Published
53 pages
This chapter provides an overview of the rules of evidence, legal issues pertinent to witnesses, and other aspects of evidence procedures at trial in British courts.
The concepts of relevance and reasoning in the context of trial decisionmaking is discussed, followed by a discussion of the nature of proof and the burden of proof. Evidence admissibility and oral testimony and witnesses are discussed in two other sections. The discussion of oral testimony and witnesses addresses the defendant as witness, the defendant's spouse as witness, children as competent witnesses, and immunity from testifying. The corroboration and examination of witnesses are discussed in two other sections of the chapter. Topics addressed in the examination of witnesses are leading questions, refreshing the memory, previous consistent statements, the hostile witness, and cross-examination. The discussion of evidence addresses exclusionary rules; hearsay; justifications; out-of-court statements; original evidence; implied assertions; mechanical devices; common law exceptions and res gestae; statutory exceptions to hearsay; and sections 23, 24, and 54 of Criminal Justice Act 1988 and 1991. Remaining topics addressed in this chapter are opinion evidence, the accused's character, estoppel, and prior convictions as evidence of their facts. 89 footnotes


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