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The Impact of the Human Rights Act on Advocacy

Rabinder Singh

in The United Kingdom's Statutory Bill of Rights: Constitutional and Comparative Perspectives

Published in print:
2013
Published Online:
January 2014
ISBN:
9780197265376
eISBN:
9780191760426
Item type:
chapter
Publisher:
British Academy
DOI:
10.5871/bacad/9780197265376.003.0008
Subject:
Law, Human Rights and Immigration

This chapter reflects on the impact of the Human Rights Act (HRA) in its first 10 years on litigation and, in particular, on advocacy. It suggests that the impact has been important but not ... More


Effectiveness of Traditional Safeguards Against Erroneous Conviction Arising From Mistaken Eyewitness Identification

Jennifer L. Devenport, Christopher D. Kimbrough, and Brian L. Cutler

in Expert Testimony on the Psychology of Eyewitness Identification

Published in print:
2009
Published Online:
September 2009
ISBN:
9780195331974
eISBN:
9780199868193
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195331974.003.003
Subject:
Psychology, Forensic Psychology

The legal system recognizes the potential for error in cases involving eyewitness identifications and has implemented numerous safeguards to protect defendants from wrongful conviction resulting from ... More


The Day of the Facts of the Case

Daniel Berrigan

in The Trial of the Catonsville Nine

Published in print:
2004
Published Online:
March 2011
ISBN:
9780823223305
eISBN:
9780823236701
Item type:
chapter
Publisher:
Fordham University Press
DOI:
10.5422/fso/9780823223305.003.0002
Subject:
Religion, Religion and Society

This chapter presents a script from the play, Trial of the Catonsville Nine, featuring the cross-examination of a witness who was present when the Catonsville Nine stormed the ... More


Delay in Complaint

Penney Lewis

in Delayed Prosecution for Childhood Sexual Abuse

Published in print:
2006
Published Online:
January 2009
ISBN:
9780199282289
eISBN:
9780191705441
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199282289.003.0005
Subject:
Law, Criminal Law and Criminology

In most delayed CSA prosecutions, the complainant will have delayed in making her complaint, or bringing it to the attention of the authorities. There have been recent legislative and judicial ... More


Recovered Memory

Penney Lewis

in Delayed Prosecution for Childhood Sexual Abuse

Published in print:
2006
Published Online:
January 2009
ISBN:
9780199282289
eISBN:
9780191705441
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199282289.003.0007
Subject:
Law, Criminal Law and Criminology

The judicial approaches to the admission of recovered memories of CSA in criminal prosecutions fall into three models. First, using the law of expert evidence, all such testimony is excluded as the ... More


Engines of Truth: Producing Veracity in the Victorian Courtroom

Wendie E Schneider

Published in print:
2016
Published Online:
May 2016
ISBN:
9780300125665
eISBN:
9780300216554
Item type:
book
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300125665.001.0001
Subject:
History, British and Irish Modern History

Engines of Truth explores the history of nineteenth-century British trial procedure from the novel viewpoint of efforts to control perjury. Perjury emerged as an acute problem in the Victorian era: ... More


Notes from the Frontline: Licensing and the Courts

Phil Hadfield

in Bar Wars: Contesting the Night in Contemporary British Cities

Published in print:
2006
Published Online:
January 2009
ISBN:
9780199297856
eISBN:
9780191700866
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199297856.003.0008
Subject:
Law, Criminal Law and Criminology

Licensing trials and their outcomes exert huge influence over the shaping of crime control strategies for the night-time economy at a local, regional, and national level. This chapter highlights the ... More


The Gentlemanly Art of Cross-examination

Wendie Ellen Schneider

in Engines of Truth: Producing Veracity in the Victorian Courtroom

Published in print:
2016
Published Online:
May 2016
ISBN:
9780300125665
eISBN:
9780300216554
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300125665.003.0002
Subject:
History, British and Irish Modern History

This chapter looks at the steady augmentation of the barrister’s role as guarantor of testimonial accuracy. Developments in the law of evidence, shifts in power between barristers and trial judges, ... More


Law

Alvin I. Goldman

in Knowledge in a Social World

Published in print:
1999
Published Online:
November 2003
ISBN:
9780198238201
eISBN:
9780191597527
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0198238207.003.0009
Subject:
Philosophy, Metaphysics/Epistemology

The fundamental aim of legal adjudication is to render substantive justice, but this requires true judgements to be made about material (nonlegal) facts. What institutional provisions for the ... More


Adversarial Experts

MIKE REDMAYNE

in Expert Evidence and Criminal Justice

Published in print:
2001
Published Online:
January 2010
ISBN:
9780198267805
eISBN:
9780191714856
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198267805.003.0007
Subject:
Law, Criminal Law and Criminology

This chapter examines the criticisms and reforms that might be applied to adversarial experts. It presents several criticisms of adversary expertise. It agrees with Wigmore in saying that ... More


7. Confrontation Clause Exclusion of Hearsay

James J. Tomkovicz

in Constitutional Exclusion: The Rules, Rights, and Remedies that Strike the Balance Between Freedom and Order

Published in print:
2011
Published Online:
May 2011
ISBN:
9780195369243
eISBN:
9780199893409
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195369243.003.0015
Subject:
Law, Constitutional and Administrative Law

This chapter analyzes the oldest exclusionary rule, the Confrontation Clause bar to hearsay. This suppression doctrine originated in the late 19th century, underwent a major doctrinal development in ... More


The Cross-Examination

William W. Buzbee

in Fighting Westway: Environmental Law, Citizen Activism, and the Regulatory War That Transformed New York City

Published in print:
2014
Published Online:
August 2016
ISBN:
9780801451904
eISBN:
9780801470301
Item type:
chapter
Publisher:
Cornell University Press
DOI:
10.7591/cornell/9780801451904.003.0013
Subject:
Law, Environmental and Energy Law

This chapter describes the critical cross-examination conducted by the opposition's lawyer, Mitchell Bernard, on the supporters' expert witness, scientist William Dovel. The trial was the focus of ... More


Cross-examination and the Vulnerable Witness

Louise Ellison

in The Adversarial Process and the Vulnerable Witness

Published in print:
2002
Published Online:
March 2012
ISBN:
9780198299097
eISBN:
9780191685613
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198299097.003.0005
Subject:
Law, Criminal Law and Criminology

This chapter examines the cross-examination of vulnerable witnesses in Great Britain. Cross-examination is lauded within the common law tradition as the definitive forensic device for exposing ... More


Cross-examination and the Youth Justice and Criminal Evidence Act 1999

Louise Ellison

in The Adversarial Process and the Vulnerable Witness

Published in print:
2002
Published Online:
March 2012
ISBN:
9780198299097
eISBN:
9780191685613
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198299097.003.0006
Subject:
Law, Criminal Law and Criminology

This chapter examines the flawed understanding of cross-examination in the context of the Youth Justice and Criminal Evidence Act (YJCEA) 1999 in Great Britain. It suggests that existing explanations ... More


This Horrible Brew

Gary May

in The Informant: The FBI, the Ku Klux Klan, and the Murder of Viola Liuzzo

Published in print:
2005
Published Online:
October 2013
ISBN:
9780300106350
eISBN:
9780300129991
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300106350.003.0008
Subject:
History, American History: 20th Century

This chapter outlines that besides the usual speeches, members of the crowd were told that they would be honored by the presence of the Klan's latest celebrities: Gene Thomas; Curly Eaton; and most ... More


12 The Cross-Examination

William W. Buzbee

in Fighting Westway: Environmental Law, Citizen Activism, and the Regulatory War That Transformed New York City

Published in print:
2014
Published Online:
August 2016
ISBN:
9780801451904
eISBN:
9780801470301
Item type:
chapter
Publisher:
Cornell University Press
DOI:
10.7591/cornell/9780801451904.003.0013
Subject:
Law, Environmental and Energy Law

This chapter describes the critical cross-examination conducted by the opposition's lawyer, Mitchell Bernard, on the supporters' expert witness, scientist William Dovel. The trial was the focus of ... More


A Troubled Inheritance: The English Procedural Tradition and Its Lawyer-Driven Reconfiguration in Early Nineteenth-Century New York

Amalia D. Kessler

in Inventing American Exceptionalism: The Origins of American Adversarial Legal Culture, 1800-1877

Published in print:
2017
Published Online:
May 2017
ISBN:
9780300198072
eISBN:
9780300224849
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300198072.003.0003
Subject:
Law, Legal History

Chapter 2 examines New York Chancery, the leading court of equity in the early United States. It argues that as of about 1800, chancery largely followed English equity’s model of quasi-inquisitorial ... More


Cultural Foundations of American Adversarialism: Civic Republicanism and the Decline of Equity’s Quasi-Inquisitorial Tradition

Amalia D. Kessler

in Inventing American Exceptionalism: The Origins of American Adversarial Legal Culture, 1800-1877

Published in print:
2017
Published Online:
May 2017
ISBN:
9780300198072
eISBN:
9780300224849
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300198072.003.0005
Subject:
Law, Legal History

Chapter 4 inquires into lawyers’ motivations for embracing oral, adversarial procedure. It notes that lawyers had strategic interests for preferring adversarialism, and most especially, ... More


Witness the Witness

Michael J. Saks and Barbara A. Spellman

in The Psychological Foundations of Evidence Law

Published in print:
2016
Published Online:
May 2017
ISBN:
9781479880041
eISBN:
9780814768785
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9781479880041.003.0005
Subject:
Psychology, Social Psychology

The major source of information in a trial’s search for factual truth is the oral testimony of witnesses. The main worry about those witnesses is that they will be in error or will intentionally lie ... More


Hearsay and Exceptions

Michael J. Saks and Barbara A. Spellman

in The Psychological Foundations of Evidence Law

Published in print:
2016
Published Online:
May 2017
ISBN:
9781479880041
eISBN:
9780814768785
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9781479880041.003.0007
Subject:
Psychology, Social Psychology

Witnesses typically may testify only about things they have personal knowledge of. But exceptions to that rule permit witnesses to testify to what they have learned from others, outside the ... More


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