Evidence Proof and Justice

Evidence Proof and Justice tài liệu, giáo án, bài giảng , luận văn, luận án, đồ án, bài tập lớn về tất cả các lĩnh vực k...

Evidence, Proof and Justice

Legal Philosophy and the Provable in English Courts

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Solomon E Salako

Evidence, Proof and Justice

Legal Philosophy and the Provable in English Courts

Download free eBooks at bookboon.com

Evidence, Proof and Justice: Legal Philosophy and the Provable in English Courts

1st edition

© 2010 Solomon E Salako & bookboon.com

ISBN 978-87-7681-685-8

Download free eBooks at bookboon.com

Evidence, Proof and Justice: Legal Philosophy

and the Provable in English Courts

4

Contents

Contents

1 Introduction 9

1.1 Demosthenes, Cicero and the rationalist tradition 9

1.2 heories of evidence 11

1.3 Legal philosophy and the rationalist tradition 12

1.4 Guide to readers 17

2 he presumption of innocence and adverse inferences from silence 19

2.2 he presumption of innocence: the marcescent Woolmington principle 20

2.3 Adverse inferences from silence 26

2.4 European Convention Jurisprudence and

Commonwealth Paradigms Re-Examined 29

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Evidence, Proof and Justice: Legal Philosophy

and the Provable in English Courts

5

Contents

3 Protecting vulnerable witnesses: summum ius summa iniuria 34

3.2 he principle of orality 35

3.4 Sexual History Evidence or the slagging-of of the complainant in rape cases 42

3.5 Special Measures and Judicial Discretion 46

3.6 Summary and Conclusion 47

4 Double jeopardy and similar fact evidence 48

4.2 he extent to which double jeopardy protects an accused

from further proceedings based on same factual situation 49

4.3 he impact of the CJA 2003 on the Principle of Double Jeopardy and

Similar Fact Rule 53

4.4 Double Jeopardy and Reopening of Final Acquittals 55

4.5 Summary and Conclusion 58

5 Identiication evidence: old problems, new solutions 60

5.2 Causes Célèbres and the Turner rule 62

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