Cohen on Inductive Probability and the Law of Evidence

AbstractThe Prima facie view regarding the admissibility of admissions, as evidence, in criminal matters is that, to admit admissions as evidence, the court requires a single consideration as to whether the admission was made freely and voluntarily. Without too much ado, the simple view to this understanding presupposes that admission of an admission as evidence against its maker is of a lesser danger compared to the admission of a confession. The admissibility of confessions against their makers does not come as easily as that of admissions. There are many prescribed requirements to satisfy before confessions are admitted as evidence. This comparison has led to a questionable conclusion that requirements for the admissibility of admissions are of a less complexity equated to the requirements for the admission of confessions. This paper answers the question whether an inference that the requirements for the admissibility of admissions are of a less complexity compared to the requirements for the admission of confessions is rational? It equates this approach to the now done away with commonwealth states rigid differentiation perspective. In the 1800s the commonwealth states, especially those vowing on the Wigmorian perspective on the law of evidence, developed from a rigid interpretation of confessions and admissions and adopted a relaxed and wide definitions of the word, “confession.” To this extent there was a relaxed divide between confessions and admissions hence their common classification and application of similar cautionary rules. The article recounts admissibility requirement in section 219A of the South African Criminal Procedure Act 51 of 1977 (CPA) (Hereinafter CPA). It then analyses Section 219A of the CPA requirement in the light of the rationale encompassing precautions for the admission of confessions in terms of 217(1) of the CPA. It exposes the similarities of potential prejudices where confessions and admissions are admitted as evidence. It reckons that by the adherence to this rigid differentiation perspectives of confessions and admissions which used to be the practice in the commonwealth prior the 1800s developments, South African law of evidence remains prejudicial to accused persons. To do away with these prejudices this article, recommends that section 219A be amended to include additional admissibility requirements in section 217(1). In effect it recommends the merging of sections 217(1) and 219A of the CPA.

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Handbook of the Law of Evidence

California Law Review ◽

10.2307/3478104 ◽

1955 ◽

Vol 43 (2) ◽

pp. 365

Author(s):

James H. Chadbourn ◽

Charles T. McCormick

Keyword(s):

The Law ◽

Law Of Evidence

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Codification of the Law of Evidence in Common Law Jurisdictions

International and Comparative Law Quarterly ◽

10.1093/iclqaj/5.3.347 ◽

1956 ◽

Vol 5 (3) ◽

pp. 347-363

Author(s):

G. D. Nokes

Keyword(s):

Common Law ◽

The Law ◽

Law Of Evidence

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The Law of Evidence-Some Proposals for Its Reform

The Yale Law Journal ◽

10.2307/790261 ◽

1927 ◽

Vol 37 (2) ◽

pp. 279

Author(s):

Elbert B. Hamlin ◽

Edmund M. Morgan ◽

Zechariah Chafee ◽

Ralph W. Gifford ◽

Edward W. Hinton ◽

...

Keyword(s):

The Law ◽

Law Of Evidence

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SCIENTIFIC VIEWS OF M.K. TREUSHNIKOV THROUGH THE PRISM OF PUBLICATION ACTIVITY

Herald of Civil Procedure ◽

10.24031/2226-0781-2021-11-5-222-232 ◽

2021 ◽

Vol 11 (5) ◽

pp. 222-232

Author(s):

D.Kh. VALEEV ◽

N.N. MAKOLKIN

Keyword(s):

Higher Education ◽

Civil Procedure ◽

Scientific Activity ◽

Publication Activity ◽

State University ◽

Procedural Law ◽

The Law ◽

Complete Bibliography ◽

Law Of Evidence ◽

Moscow State University

This article is an attempt to briefly analyze the scientific activity of Mikhail Konstantinovich Treushnikov, which is carried out through the prism of his publication activity in all its manifestations. In addition, this study presents an attempt to collect a complete bibliography of M.K. Treushnikov. The significance of this study is determined both by its uniqueness, which is due to the use of information from various sources, and the presence of individual theses and conclusions formulated by the authors. Thus, this work focuses on the fact that M.K. Treushnikov, in addition to considering the problems of civil and arbitral procedural law, paid attention to the development of problems of higher education, including in terms of methodology, and that, perhaps, allowed him to create a real school of civil procedure law in the walls of the Lomonosov Moscow State University. In addition, the thesis is put forward and substantiated that M.K. Treushnikov was actively engaged in questions of the law of evidence, as well as judicial law, which were widely reflected in his numerous works published in various journals and collections, as well as embodied in monographs.

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