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9. Examination and cross-examination 9. 质证和交叉质证
Pub Date : 2018-08-02 DOI: 10.1093/HE/9780198819905.003.0009
M. Spencer, J. Spencer
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.
集中问答系列为解决考试问题提供了最好的准备。每本书包括典型的问题,重点回答计划和建议的答案,作者评论和说明性的图表和流程图。本章论述了刑事审判中主要质证和质证中可以问或不能问的问题类型。这一领域与刑事诉讼程序有很大的重叠,证据课程涵盖的主题各不相同。本章涵盖了记忆的刷新、先前一致陈述和例外的规则以及关于首席检查官的敌对证人。在质证方面,它包括关于先前不一致陈述的规则、附带问题的最终答复和例外情况、性侵犯案件中对投诉人质证的特别规则和非被告的不良品格。
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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
Pub Date : 2018-08-02 DOI: 10.1093/HE/9780198819905.003.0006
M. Spencer, J. Spencer
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.
集中问答系列为解决考试问题提供了最好的准备。每本书都包括典型的问题,要点答案计划和建议答案,作者评论和图表和流程图。本章包括供述、被告人的沉默和排除不当取得的公诉证据的司法自由裁量权三个方面。它解释了为什么对控方来说最有说服力的,有时是唯一的证据是审前供词。虽然自白长期以来被认为是有罪的证据,但它们也存在不可靠和侵犯个人自主权的风险。被告可能不是真正的认罪,也可能是迫于压力才认罪的。从审前未对问题作出回应的可允许推论具有关键的区别,即仅凭这种失败无法定罪。英国法律此前一直不愿意承认此案,因为它排除了涉及警察不当行为甚至非法行为的证据。
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引用次数: 0
2. Burden and standard of proof: Presumptions 2. 举证责任和标准:推定
Pub Date : 2018-08-02 DOI: 10.1093/he/9780198819905.003.0002
M. Spencer, J. Spencer
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.
集中问答系列为解决考试问题提供了最好的准备。每本书包括典型的问题,重点回答计划和建议的答案,作者评论和说明性的图表和流程图。本章讨论了民事和刑事诉讼中举证责任的分配,取决于谁应该承担风险。在刑事审判中,“无罪推定”意味着责任由控方承担,除非有明文或默示的法律规定予以扭转。在某些司法管辖区,证据法保障的是宪法所支持的公民权利。重要的是要了解法律和证据责任之间的区别以及它们分别分配的场合。棘手的领域是法律和证据责任的分离,主要是在控方不能期望提供证据来预测被告可能提出的每一个具体辩护的情况下。
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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
Pub Date : 2018-08-02 DOI: 10.1093/HE/9780198819905.003.0012
M. Spencer, J. Spencer
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.
集中问答系列为解决考试问题提供了最好的准备。每本书包括典型的问题,重点回答计划和建议的答案,作者评论和说明性的图表和流程图。本章给出了回答课程作业问题的指导,并阐述了课程作业的特征,即研究性、权威性和引用性。为了回答这些类型的问题,你将被要求进行比平时更深入的研究,并为你的论点和分析提供全面而准确的参考。本章还包括写作和阅读;来源;学术写作;做有条理的笔记;分析,写作风格和参考;以及评估标准。还有一个课程作业示例问题,并附有答案指导。
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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
Pub Date : 2018-08-02 DOI: 10.1093/HE/9780198819905.003.0007
M. Spencer, J. Spencer
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.
集中问答系列为解决考试问题提供了最好的准备。每本书包括典型的问题,重点回答计划和建议的答案,作者评论和说明性的图表和流程图。本章讨论支持性证据,在教科书中被不同地称为危险证据、支持性证据或防止不可靠和错误的保障措施。支持性证据包括可能在本质上可靠性有问题的证据类型,因此需要支持性证据。关键领域是有争议的鉴定和被告的谎言。重要的是要熟悉两种不同的方式来提高识别证据的可靠性:第一,法官应该发布特恩布尔准则;第二,在身份鉴定程序方面应遵循1984年《警察和刑事证据法》业务守则的D守则。
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引用次数: 0
11. Mixed topic questions 11. 混合主题问题
Pub Date : 2018-08-02 DOI: 10.1093/HE/9780198819905.003.0011
M. Spencer, J. Spencer
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.
集中问答系列为解决考试问题提供了最好的准备。每本书都包括典型的问题,要点答案计划和建议答案,作者评论和图表和流程图。本章描述了考题如何经常涵盖几个问题。不可能像单一问题一样深入地涵盖每个领域,因此花时间列出提出法律要点的事项,然后指定适当的成文法或判例法,最后将法律适用于给定的事实是很重要的。一个精心设计的问题不会包含多余的信息,所以要准备好对问题的各个部分进行评论。这些问题并不要求对法律本身进行评价或批评,而是要求在给定的叙述中识别法律问题,并将法律应用于每个问题。参考学术评论可能是适当的,特别是在新的法律领域。
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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
Pub Date : 2018-08-02 DOI: 10.1093/he/9780198819905.003.0003
M. Spencer, J. Spencer
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.
集中问答系列为解决考试问题提供了最好的准备。每本书包括典型的问题,重点回答计划和建议的答案,作者评论和说明性的图表和流程图。证人是证据的主要来源,本章包括证人出庭的规则。所有掌握有关资料的证人都被认为有能力提供证据,而且通常是有义务提供证据的,因为法院可以传召他们出席。证人的利益是次要的,法庭需要掌握所有必要的资料。一些有能力的证人可能要求享有不作证的特权,包括代表自己作证的被告。其他例外情况包括配偶或民事伴侣为控方作证。这是基于强迫可能导致婚姻不和的概念。本章还包括对弱势证人特别措施指示的审查。
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引用次数: 0
1. Exam skills for success in evidence 1. 考试技巧成功的证据
Pub Date : 2018-08-02 DOI: 10.1093/he/9780198819905.003.0001
M. Spencer, J. Spencer
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.
集中问答系列为解决考试问题提供了最好的准备。每本书包括典型的问题,重点回答计划和建议的答案,作者评论和说明性的图表和流程图。这本书是课程准备的辅助工具,特别是对考试和课程的复习。它并没有提供样板答案,让学生盲目模仿,而是提供了一些例子,帮助学生理解主题,并了解如何解决问题。考生的目标是在允许的时间内积累尽可能多的分数,这个目标需要分为三个阶段:计划、执行和复习。如今,法律考试可以采取不同的形式,包括视题、开卷考试等。考虑到这一点,这本书包括作文的答案,更接近更充分的研究作品,而不是在一个传统的看不见的考试的答案。
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引用次数: 0
4. Character 4. 字符
Pub Date : 2018-08-02 DOI: 10.1093/he/9780198819905.003.0004
M. Spencer, J. Spencer
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.
集中问答系列为解决考试问题提供了最好的准备。每本书都包括典型的问题,要点答案计划和建议答案,作者评论和图表和流程图。这一章涉及刑事证据中的一个复杂问题:被告可能会引用品质良好的证据来表明缺乏有罪和支持可信度的情况,以及控方律师或共同被告的律师可能会对他们先前的“应受谴责”行为进行交叉询问的情况。排除规则是英国法律制度的基础,建立在被告应该得到公平审判的原则之上。2003年的《刑事司法法》(CJA)对被告和证人品行不良的证据的可采性规则进行了全面修改,规定“在刑事诉讼中,有关品行不良证据可采性的普通法规则应予废除”。现在可以推定该证据的可采性。
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引用次数: 0
5. Hearsay 5. 传闻
Pub Date : 2018-08-02 DOI: 10.1093/he/9780198819905.003.0005
M. Spencer, J. Spencer
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.
集中问答系列为解决考试问题提供了最好的准备。每本书包括典型的问题,重点回答计划和建议的答案,作者评论和说明性的图表和流程图。本章重点讨论传闻排除规则,这是历史上证据法中最重要的排除规则之一。1997年,法律委员会建议在刑事审判中将传闻证据置于更明确的法律基础之上。这最终导致了2003年《刑事司法法案》(CJA)的全面改革,该法案保留了该规则,但增加了例外和保障措施的数量,为传闻提供了一个全面的制度。本章概述了2003年《传闻法》对传闻的修改。
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引用次数: 0
期刊
Concentrate Questions and Answers Evidence
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