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Essays in Law of Evidence category
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'The hearsay rule ought to be abolished. Its exceptions are complex and lead to the arbitrary exclusion of cogent evidence' - Discuss.
... charged with theft of the book this statement is relevant, but the hearsay rule will prevent the prosecution calling W to testify that he heard W say this, since the purpose of doing so is to ask the court to ...
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Analysis of Fingerprint Evidence using Digital Imaging Techniques.
... also allows computer-aided image matching in which the software can search for similar prints for subsequent analysis by the fingerprint expert. The CCD is an electronic imaging system where the process of light capture, is performed by photo diodes. Here ...
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Eyewitness Testimony
... was changed to a question which conflicted with the original witnessed event. After one week, all of the participants were asked a further ten questions, and for the final question it was a conflicting question. Loftus found that only 2.7 per ...
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Hearsay
... cogent particular evidence may seem to be, unless it comes within a class, which is admissible, it is excluded. The technical nature of the hearsay rule has created difficulties for the courts. If highly reliable and probative evidence falls within the ...
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Hearsay in law.
... may seem to be, unless it comes within a class, which is admissible, it is excluded. The technical nature of the hearsay rule has created difficulties for the courts. If highly reliable and probative evidence falls within the scope of ...
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How reliable is Eyewitness Testimony?
... the correct answer). Loftus and Palmer (1974) showed participants a film of a car accident, and later asked them questions relating to it. Each participant was asked to estimate how fast the car was travelling when it 'hit' the other ...
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It is time the rule against hearsay evidence in criminal proceedings was abolished and brought into line with the rule in civil proceedings. Discuss.
... the proceedings is inadmissible as evidence of any fact or opinion asserted". This is to prevent, a witness being called to testify that a person told them they saw a crime happen, though they themselves did not see it. However ...
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LAW OF EVIDENCE
... exceptions to the general rule: first, where it would be admissible to prove he is guilty of the offence charged, in the main similar fact evidence, but also including evidence under various statutes; second, where he has sought to establish ...
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Law of Evidence
... be disproved by the prosecution as he has not claimed insanity or the statutory express exception of diminished responsibility and his defence does not fall into the statutory implied exceptions i.e. S.1013. It is then up to the party trying ...
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The hearsay ought to be abolished. It exceptions are complex and lead to arbitrary exclusion of cogent evidence. Discuss.
... than by a person while giving oral evidence in the proceedings which is tendered as evidence of the matters stated; Unlike civil cases, in criminal proceedings, the rule still has considerable implication. The Criminal Justice Act 2003 reaffirms the rule ...
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The Hearsay Rule
... how cogent particular evidence may seem to be, unless it comes within a class, which is admissible, it is excluded. The technical nature of the hearsay rule has created difficulties for the courts. If highly reliable and probative evidence falls within ...
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The impact of HRA 1998 on burden of proof and confession
... Jurists in the common law tradition have distinguished two principal senses of the burden of proof i.e. the legal burden2 and the evidential burden. The legal burden has been defined as the obligation imposed on a party by ...
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The impact of HRA on burden of proof and bad character
... of proof is shifted to the defendant. Under common law, the only exception to the 'golden thread' is when the defence of insanity is raised by the accused. He must establish this on a balance of probabilities. It can be ...
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The provisions in sections 34-38 of the Criminal Justice and Public Order Act 1994 create more problems than they solve
... in aid: `Innocence claims the right of speaking, as guilt invokes the privilege of sil?n??.' Thus it is contended by abolitionists that ??li?? should be able to require people to explain a scenario, suggestive of their having committed a ...
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The standard definition of hearsay as found in the widely used Black's Law Dictionary.
... matters asserted therein, and thus resting for its value upon the credibility of the out of court asserter". The concern of the hearsay rule is that matters of fact asserted by an individual rely for their truth in part upon ...
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Theories , Punishment and Law
... patients in high security psychiatric hospitals with between 300-600 in the community, about 98% of those with DSPD are believed to be men2. Studies suggest that hardly any women perhaps even none, meet the criteria3. The DSPD programme is piloted by ...
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When psychologists act as expert witnesses a number of issues are raised surrounding the admissibility of their evidence - Discuss these issues with reference to eyewitness testimony and domestic violence.
... eyewitnesses can only testify about what they have observed or what they know as fact. On the other hand, the expert witnesses may express opinion for what they possess special knowledge about a topic, or knowledge that the juror does ...