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Evidence in Criminal Trials


ISBN13: 9781780434209
Published: February 2014
Publisher: Bloomsbury Professional (Ireland)
Country of Publication: Ireland
Format: Hardback
Price: £138.00



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Evidence in Criminal Trials is a new Irish legal title providing a comprehensive, dedicated examination of the subject and covers the vast majority of issues addressed in law school courses on evidence.

It is the only evidence title on the market that deals with international developments regarding criminal evidence and electronic disclosure and is written by one of the leading academics in this field, in conjunction with Úna Ní Raifeartaigh, one of the most renowned criminal barristers in the jurisdiction.

The law of evidence comprises the rules which govern the presentation of facts and proof in proceedings before a court. It is a subject of enormous importance to both practitioners and students.

Over the past 20-30 years, Irish law in this area has increasingly diverged from UK law, making UK texts decreasingly useful to Irish practitioners and students.

Subjects:
Irish Law
Contents:
Introduction:
The nature of evidence
The trial setting
The Constitution
The ECHR
Key evidentiary concepts
Means of proof
Burdens and standards of proof
International developments

Disclosure:
Introduction
Material relied on as part of the prosecution case
Material not relied on as part of the prosecution case
Material in the possession of third parties
Procedural mechanisms
Electronic disclosure
Defence disclosure
The duty to seek out and preserve evidence

Privilege:
Introduction
The privilege against self incrimination
Informer privilege
Public interest privilege
Private privileges

Testimony:
Introduction
Examination-in-chief
Cross-examination
Re-examination
Special measures
Previous witness statements

Particular Witnesses:
The accused
The spouse of the accused
Children
Complainants in trials for sexual offences
Children
Persons with cognitive impairment
Accomplices
Intimidated witnesses
Eyewitnesses
Heads of State and diplomats

Expert Evidence:
Admissibility
Weight
The duties of the expert
The reliability of expert evidence
Governance and reform

Custodial Statements and Silence:
The custodial setting
Constitutional rights
Statements
Silence

Evidence Other than Testimony:
Introduction
Documentary evidence
Real evidence
Scientific and Technical Evidence
Surveillance evidence

Hearsay:
Hearsay defined
Out of court statements
Probative purposes
Exceptions to the rule
The ECHR
Reform

Unlawfully Obtained Evidence:
Introduction
The development of the exclusionary rule
Conscious and deliberate breach
Causative link
Extraordinary excusing circumstances
Illegally obtained evidence
Reform.