The Trial

1. Auflage 2015
ISBN: 978-1-76002-026-2
Verlag: Federation Press

Buch, Englisch, 600 Seiten, Format (B × H): 156 mm x 234 mm, Gewicht: 1160 g

Written by leading evidence law scholars, combined with practitioner contribution, The Trial examines procedural and evidentiary law under the uniform Evidence Acts. This is a book for evidence law students, scholars and for practising lawyers.
The Trial challenges mainstream approaches to teaching evidence law by:

contextualising the trial within key pre-trial processes, including police questioning, disclosure obligations and pleadings;

connecting law reform, lawyers' roles and their ethical obligations to promote justice in a broad rather than a narrow, anodyne or legalistic fashion;

acknowledging 21st century lawyers' need for literacy across human rights fair trial norms and their common law equivalents; and

its interdisciplinary emphasis.
The Trial focuses its study on the important functions of adversarialism and the oral tradition, as well as the consequential price exacted through diminishing access to justice for the vulnerable, particularly those with mental illness or cognitive impairment, children and sexual assault complainant witnesses. Regarding Indigenous Australians, The Trial also shows how such challenges compound the pre-existing harshness of criminal justice processes. In Australia, no comprehensive evidence book presents doctrinal analysis so comprehensively within a humanising context.
The Trial places the criminal jury trial centre-stage. This is where the law of evidence and procedure is commonly hotly contested, where major defining evidentiary case law arises and where the cut and thrust of advocacy, crucially shaping the trial, are classically on show. It is also where rapid change has an impact on expertise and, through law reform, creates pressures on fundamental accusatorial principles in an increasingly complex justice environment.

Autoren/Hrsg.

Hunter, Jill

Fachgebiete

• Rechtswissenschaften Recht, Rechtswissenschaft Allgemein

Inhaltsverzeichnis

Shaping the Criminal Trial: Principle, Pleadings and Prosecuting Adversarialism, Advocacy, Proof and the Jury Client Legal Privilege Framing the Criminal Trial Introducing the Law of Evidence: Relevance, Discretions and Fairness The Witness in the Box Cross-Examination, Witness Credibility and Related Challenges Hearsay — The Rule Hearsay — Exceptions to the Rule The Criminal Defendant in Court Character Evidence Tendency, Coincidence and Character Evidence The Character Battle Police Questioning and The Accused: Silence And Admissions Opinion Evidence Identification Evidence The Rise and Rise of Judicial Warnings

Über Autor(innen)

Jill Hunter is a Professor of Law at the University of New South Wales
Terese Henning is the Director of the Tasmanian Law Reform Institute and a Senior Lecturer in Law at the University of Tasmania
Gary Edmond is a law professor in the School of Law at the University of New South Wales
Rebecca McMahon is a criminal lawyer in private practice
James Metzger is a Visiting Fellow and Sessional Lecturer in the Law Faculty of the University of New South Wales
Mehera San Roque is a Senior Lecturer in the Law Faculty of the University of New South Wales