The trial : principles, process and evidence / Jill Hunter, James Metzger, Terese Henning, Gary Edmond, Rebecca McMahon, Mehera San Roque, Helen Cockburn ; foreword Nicholas Cowdery.
Previous edition: 2015. Includes bibliographical references and index.
Contents:
1. Accusatorial justice -- 2. Prosecutors, pleadings and proof -- 3. Client legal privilege -- 4. Introducing the law of evidence: relevance, discretionary and mandatory exclusions -- 5. The witness in the box -- 6. Cross-examination, witness credibility and related challenges -- 7. Police questioning and the accused: silence and admissions -- 8. Hearsay -- the rule -- 9. Hearsay -- the exception to the rule -- 10. Character evidence -- 11. Tendency and coincidence evidence -- 12. Opinion evidence -- 13. Identification evidence -- 14. The rise and rise of judicial instructions, directions & warnings -- 15. Epilogue.
Summary:
Criminal jury trials occur in an increasingly complex justice environment. The Trial distils and explains the criminal trial's complexities in terms of the daily pre-trial and trial challenges facing courts and practitioners. It draws links to the potential impact of lawyers' advocacy on courts' decision-making and the important context of juries, and explicitly recognises that courts' processes and decisions require not only an appreciation of the uniform Evidence Acts, but also an understanding of human emotion and psychology. Written by leading evidence law scholars and a criminal law practitioner, this second edition of The Trial contextualises evidence law within pre-trial processes such as police questioning, pleadings and disclosure; connects law reform, fair trial norms and lawyers' ethical obligations to promote justice; considers frailties in Australia's justice system through its pressure points. These include unchecked cross-examination, disclosure, reliance on forensic science, identification evidence and evidence of defendants' criminal history; and has been thoroughly updated and remains an essential tool for students, scholars and practitioners alike.
This resource is supported by the Institute of Museum and Library Services under the provisions of the Library Services and Technology Act as administered by State Library of Iowa.