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The Criminal Justice Act 2003 re-wrote the hearsay evidence rule for the purpose of criminal proceedings, enacting the recommendations of the Law Commission together with some proposals from the Auld Review. Since the new provisions came into force a body of case-law has interpreted them and, in particular, given guidance as to how the new "inclusionary discretion" should be exercised. Following the style of his earlier book about the new law on bad character evidence, the central part of Professor Spencer's book on hearsay evidence consists of section-by-section commentary on the relevant provisions of the Act. The commentary is preceded by chapters on the history of the hearsay rule, and the requirements of Article 6(3)(d) of the European Convention on Human Rights. It is followed by an appendix containing the text of the statutory provisions and a selection of the leading cases
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Royaume-Uni --- Evidence, Hearsay --- Evidence, Criminal --- Evidence, Hearsay --- Evidence, Criminal
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Witnesses --- Admissible evidence --- Evidence, Hearsay --- Intimidation.
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Confidential communications --- Evidence, Hearsay --- Evidence (Law)
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Criminal law. Criminal procedure --- Psychology and law --- Evidence, Criminal --- Evidence, Criminal. --- Evidence, Hearsay --- Evidence, Hearsay. --- Preuve (droit) --- Procédure pénale --- Confrontations --- Droit anglais --- Rumeurs
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Language ideologies that are circulated in the Anglo-American law of evidence create the potential to speak for, appropriate, and ignore the speech of women who have been victims of domestic violence. This research shows the ways in which a language ideology circulated in the Anglo-American law of evidence draws on and creates indexical links to social discourses, affecting speakers whose utterances are used as evidence in legal contexts. The book examines linguistic strategies and analyzes assumptions about language in the legal text and talk used to evaluate spoken evidence.
Evidence, Hearsay. --- Family violence. --- Prueba de referencia. --- Violencia doméstica. --- Family violence --- Prevention. --- Psychological aspects.
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During the twentieth century, witnessing grew to be not just a widespread solution for coping with political atrocities but also an intricate problem. As the personal experience of victims, soldiers, and aid workers acquired unparalleled authority as a source of moral and political truth, the capacity to generate adequate testimonies based on this experience was repeatedly called into question. Michal Givoni's book follows the trail of the problems, torments, and crises that became commingled with witnessing to genocide, disaster, and war over the course of the twentieth century. By juxtaposing episodes of reflexive witnessing to the Great War, the Jewish Holocaust, and third world emergencies, The Care of the Witness explores the shifting roles and responsibilities of witnesses in history and the contribution that the troubles of witnessing made to the ethical consolidation of the witness as the leading figure of nongovernmental politics.
Evidence, Hearsay. --- Holocaust, Jewish (1939-1945) --- Human rights. --- Judenvernichtung. --- Menschenrecht. --- Testimony (Theory of knowledge). --- Witnesses. --- Zeuge. --- Zeugnis. --- Testimony (Theory of knowledge) --- Hearsay evidence --- Evidence (Law) --- Objections (Evidence) --- Witnesses --- Basic rights --- Civil rights (International law) --- Human rights --- Rights, Human --- Rights of man --- Human security --- Transitional justice --- Truth commissions --- Testimony --- Eyewitness identification --- Knowledge, Theory of --- Law and legislation
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"This is anextraordinary and ground-breaking book, a wonderfully creative mix of fact andtheory, imagination and drama. Anyone with an interest in law, history, or, forthat matter, great storytelling will fall in love with A Death at Crooked Creek. The startling origin of the complex'intention exception' to the hearsay evidence rule becomes canvas on which agrand and marvelously detailed tale is told. This is modern narrative at itsbest: a marriage of spectacular writing and hard, documented truth presented bya brilliant author who doubles as a gifted and fastidious legal scholar andhistorian."—Andrew Popper,American UniversityOne winter night in1879, at a lonely Kansas campsite near Crooked Creek, a man was shot to death.The dead man’s traveling companion identified him as John Hillmon, a cowboyfrom Lawrence who had been attempting to carve out a life on the blusteryprairie. The case might have been soon forgotten and the apparent widow, SallieHillmon, left to mourn—except for the
Evidence, Hearsay --- Insurance crimes --- Trials --- Hearsay evidence --- Evidence (Law) --- Objections (Evidence) --- Witnesses --- State trials --- Court proceedings --- Procedure (Law) --- Fraud --- History --- Cases. --- Hillmon, Sallie E. --- Trials, litigation, etc. --- Mutual Life Insurance Company of New York --- Mutual Life Insurance Co. of New York v. Hillmon, 145 U.S. 285 (1892)
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This work is an examination of the very first systematic attempt to bring before the courts and prosecute those who had directly or indirectly contributed to a crime against humanity by informing upon others during the National Socialist era in Germany. Szanajda looks at the theoretical and practical problems associated with this process and examines of how this process actually worked in practice in the immediate postwar era in the Western Occupation Zones and the Federal Republic of Germany.
Malicious accusation --- Denunciation (Criminal law) --- Informers --- Evidence, Hearsay --- Justice, Administration of --- Crimes against humanity --- National socialism. --- History. --- Legal status, laws, etc. --- Germany (Territory under Allied occupation, 1945-1955). --- Germany. --- Accusation, Malicious --- Nazism --- Hearsay evidence --- Informants (Criminal investigation) --- Police informers --- Stool pigeons --- Torts --- Simulation of crimes --- Authoritarianism --- Fascism --- Nazis --- Neo-Nazism --- Totalitarianism --- World War, 1939-1945 --- Crime --- International crimes --- Genocide --- War crimes --- Evidence (Law) --- Objections (Evidence) --- Witnesses --- Complaints (Criminal procedure) --- Crime prevention --- Criminal investigation --- Prosecution --- State's evidence --- Criminal law --- Causes --- Snitches (Informers) --- Persons
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