5. Witnesses

2018 ◽  
Author(s):  
Adrian Keane ◽  
Paul McKeown
Keyword(s):  
Video Recording ◽  
Criminal Cases ◽  
Civil Cases ◽  
Witness Statements ◽  
Special Rules ◽  
The Mind

This chapter discusses the following: (i) the competence and compellability of witnesses (including the special rules that apply in the case of the accused, the spouse or civil partner of an accused, persons with a disorder or disability of the mind, the Sovereign, diplomats, and bankers); (ii) oaths and affirmations; (iii) the use of live links; (iv) the time at which evidence should be adduced; (v) witnesses in civil cases (including the witnesses to be called and the use of witness statements); (vi) witnesses in criminal cases (including the witnesses to be called, the order of witnesses, evidence-in-chief by video-recording and special measures directions for vulnerable and intimidated witnesses); (vii) witness anonymity; and (viii) witness training and familiarization.

5. Witnesses

2020 ◽  
pp. 126-178
Author(s):  
Adrian Keane ◽  
Paul McKeown
Keyword(s):  
Video Recording ◽  
Criminal Cases ◽  
Civil Cases ◽  
Witness Statements ◽  
Special Rules ◽  
The Mind

This chapter discusses the following: (i) the competence and compellability of witnesses (including the special rules that apply in the case of the accused, the spouse or civil partner of an accused, persons with a disorder or disability of the mind, the Sovereign, diplomats, and bankers); (ii) oaths and affirmations; (iii) the use of live links; (iv) the time at which evidence should be adduced; (v) witnesses in civil cases (including the witnesses to be called and the use of witness statements); (vi) witnesses in criminal cases (including the witnesses to be called, the order of witnesses, evidence-in-chief by video recording and special measures directions for vulnerable and intimidated witnesses); (vii) witness anonymity; and (viii) witness training and familiarization.

scholarly journals Reframing Black Southerners’ Experiences in the Courts, 1865–1950

2019 ◽  
Vol 44 (4) ◽  
pp. 1113-1140
Author(s):  
Melissa Milewski
Keyword(s):  
Black Men ◽  
Jim Crow ◽  
State Courts ◽  
State Supreme Courts ◽  
Criminal Cases ◽  
Southern State ◽  
Supreme Courts ◽  
Men And Women ◽  
Civil Cases ◽  
Black Defendants

In civil cases that took place in southern courts from the end of the Civil War to the mid-twentieth century, black men and women frequently chose to bring litigation and then negotiated the white-dominated legal system to shape their cases and assert rights. In some ways, these civil cases were diametrically opposite from the criminal cases of black defendants who did not choose to enter a courtroom and often received unequal justice. However, this article draws on almost 2,000 cases involving black litigants in eight state supreme courts across the South between 1865 to 1950 to argue that in both civil and criminal cases African Americans were at times shaping their cases and fighting for their rights, as well as obtaining decisions that aligned with the interests of white elites. Southern state courts during the era of Jim Crow were thus spaces for negotiating for rights and sites of white domination, in both criminal and civil cases.

scholarly journals Using Digital Technologies in Criminal Cases in Court: Reality and Prospects

Lex Russica ◽  
2019 ◽  
pp. 117-131 ◽  
Author(s):  
I. I. Sheremetev
Keyword(s):  
Video Recording ◽  
Digital Technologies ◽  
Criminal Case ◽  
Judicial Reform ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Council Of Europe ◽  
Experimental Development ◽  
Automated Information System ◽  
E Mail

The paper deals with topical issues related to the use of digital technologies in criminal proceedings. The author presents the directions of digitization of the court and the principles of using artificial intelligence, formulated by the bodies of the Council of Europe. The stages of the emergence of individual digital technologies first in the work of arbitration courts, and later — courts of general jurisdiction are shown. Existing and promising digital technologies are considered as the criminal case moves, after its submission in court from the Prosecutor. Considerable attention is given to the order of formation of the court for the consideration of a particular criminal case. The author analyzes the difficulties encountered in the use of an automated information system in this matter, and proposes ways to resolve them. The author considers it necessary to use e-mail to call victims, witnesses and other participants in the proceedings, for which he proposes to make appropriate changes to the current procedural legislation. The article reveals the current procedure and prospects for the use of video conferencing systems, audio and video recording of the trial in the criminal process. The author reports on the experimental development of speech recognition programs for participants in the trial. Special attention is given to the achievements in the implementation of digital technologies in the Moscow courts, implemented in the course of the international project «Support for judicial reform». In this regard, the author describes the creation of electronic copies of traditional «paper» cases in the courts of Moscow, making the proceedings more open.

scholarly journals Neurolaw in Australia: The use of neuroscience in Australian criminal proceedings

2018 ◽  
Author(s):  
Armin Alimardani ◽  
Jason Chin
Keyword(s):  
Systematic Review ◽  
Common Sense ◽  
Criminal Courts ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Fitness To Stand Trial ◽  
Objective Evidence ◽  
The Mind

Recent research has detailed the use of neuroscience in several jurisdictions, but Australia remains a notable omission. To fill this substantial void we performed a systematic review of neuroscience in Australian criminal cases. The first section of this article reports the results of our review by detailing the purposes for which neuroscience is admitted into Australian criminal courts. We found that neuroscience is being admitted pre-trial (as evidence of fitness to stand trial), at trial (to support the defence of insanity and substantial impairment of the mind), and during sentencing. In the second section, we evaluate these applications. We generally found that courts admit neuroscience cautiously, and to supplement more well-established forms of evidence. Still, we found some instances in which the court seemed to misunderstand the neuroscience. These cases ranged from interpreting neuroscience as “objective” evidence to admitting neuroscience when the same non-neuroscientific psychiatric evidence would be inadmissible for being common sense. Furthermore, in some cases, neuroscientific evidence presents a double-edged sword; it may serve to either aggravate or mitigate a sentence. Thus, the decision about whether or not to tender this evidence is risky.

4. The burden and standard of proof

2017 ◽  
Author(s):  
Richard Glover
Keyword(s):  
Burden Of Proof ◽  
Criminal Cases ◽  
Standard Of Proof ◽  
Civil Cases

This first part of the chapter discusses the concept of burden of proof, covering the legal or persuasive burden of proof; the evidential burden; the effect of presumptions on the burden of proof; the legal burden of proof in civil cases; the evidential burden in civil cases; the burden of proof in criminal cases; defence burdens of proof before Lambert; defence burdens of proof after Lambert; and the burden of proof of secondary facts. The second part of the chapter discusses the standard of proof, covering standard of proof required of prosecution in criminal cases; standard of proof required of defence; standard of proof of secondary facts; the standard of proof in civil cases; and the standard of proof in matrimonial and family cases.

17. Witness Statements and Documentary Evidence

2020 ◽  
pp. 332-350
Author(s):  
Lucilla Macgregor ◽  
Charlotte Peacey ◽  
Georgina Ridsdale
Keyword(s):  
Documentary Evidence ◽  
Legal Representative ◽  
Underlying Theory ◽  
Civil Cases ◽  
Witness Statements ◽  
Witness Statement

Cases can readily be won or lost on the strength of witness evidence at trial. Important applications may fail if a witness statement does not adequately deal with all of the issues. A legal representative, therefore, must understand both the underlying theory behind the use of witness evidence and documentation during the course of litigation, including the rules on hearsay, and the practical requirements and challenges encountered in the preparation of witness statements. This chapter discusses the use of evidence at trial; the preparation of witness statements for interim applications and at trial; the use of hearsay in civil cases; and evidential tools.

9. Opinion evidence

2017 ◽  
Author(s):  
Maureen Spencer ◽  
John Spencer
Keyword(s):  
Expert Opinion ◽  
Criminal Procedure ◽  
Civil Procedure ◽  
Expert Witnesses ◽  
Expert Evidence ◽  
Criminal Cases ◽  
Civil Cases ◽  
The Uk

This chapter, which focuses on opinion evidence in criminal and civil cases in the UK, explains the rule on the admissibility of opinion, including expert opinion, as well as notice and disclosure in criminal cases under the Criminal Procedure Rules 2014. The criteria for the admissibility of expert evidence, the responsibilities of expert witnesses, and the approach of the courts to new areas of expertise are examined in detail. It also considers the presentation of expert evidence, including the use of court-appointed experts, in civil cases under the Civil Procedure Rules, and, finally, examines the ultimate issue rule, which has been abolished by section 33(1) of the Civil Evidence Act 1972.

18. Remedies and Appeals

2021 ◽  
pp. 640-668
Author(s):  
Alisdair A. Gillespie ◽  
Siobhan Weare
Keyword(s):  
Supreme Court ◽  
Final Decision ◽  
Criminal Cases ◽  
Complicated Structure ◽  
The Supreme Court ◽  
Different Types ◽  
Civil Cases ◽  
Civil Courts ◽  
Usual Rule

This chapter discusses the remedies that can be sought from the civil courts and how an appeal is made against a decision. It covers interim and final remedies; route of appeals; leave; the hearing; appeals to the Supreme Court; and examples of appeals. There are many different types of remedies that a court can award to a successful litigant. The most common form of remedy is that which is known as ‘damages’. Appeals in the civil courts follow a slightly more complicated structure than in criminal cases. In order to appeal in the civil cases it is usually necessary to seek permission before proceeding with a civil appeal. Save where it is a final decision in a multi-track case, the usual rule is that the appeal will be heard by the next most senior judge.

scholarly journals Peran Peradilan Islam dalam Penegakan Hukum Islam di Kesultanan Buton

AL- ADALAH ◽  
2018 ◽  
Vol 14 (1) ◽  
pp. 81
Author(s):  
Asni Asni
Keyword(s):  
Significant Role ◽  
Legal System ◽  
Islamic Law ◽  
Past History ◽  
Legal Culture ◽  
Criminal Cases ◽  
Historical Approach ◽  
The Past ◽  
Civil Cases ◽  
Islamic Courts

This article tries to reveal the existence of the Islamic Courts in the Sultanate of Buton to measure the extent of its role in the enforcement of Islamic Law in the past. History explains that when Islam entered the territory of Southeast Sulawesi, the kingdom of Buton changed its status to Buton Sultanate and applied Islamic law throughout the empire. Using historical approach, the researcher succeeded in revealing the fact that in the area of the past Sultanate of Buton, once stood two institutions of Islamic Court named Syarana Adati and Syarana Hukumu or Syarana Agama. The authority of Syarana Adati was to deal with criminal cases where as Syarana Hukumu or Syarana Agama took care of certain civil cases such as marriage, divorce and inheritance. Despite the separation of authority, the two institutions can be categorized as Islamic Courts because the legal system used as a backdrop was Islamic Law. The study also finds out that the two institutions play a significant role in the upholding of Islamic law in the past as they were supported by the kingdom, and a strong legal culture both among law enforcers and in the community

Justice of the Peace

2008 ◽  
pp. 59-66
Author(s):  
John Roy Lynch
Keyword(s):  
Grand Jury ◽  
Criminal Cases ◽  
Capital Cases ◽  
Civil Cases ◽  
Justice Of The Peace

This chapter describes John Roy Lynch's experiences as a justice of the peace. A justice of the peace at that time had original jurisdiction in all civil cases where the amount in controversy did not exceed three hundred dollars. In criminal cases he had jurisdiction concurrent with the county court in all cases below the grade of felony, and in felonious and capital cases he could sit as a committing magistrate, examine the witnesses, and decide whether or not the testimony was sufficient to bind the accused over to the next grand jury, with or without bail, to fix the amount and accept or reject such bondsmen as might be offered. While his decision was not final and therefore not a bar to further action by a higher court, it had, nevertheless, an important bearing upon any subsequent action that might be taken. To have a young and inexperienced colored man placed in charge of such an important office was looked upon by many, even of his warmest personal friends, with serious misgivings. But after several months had passed these misgivings had entirely disappeared.

Sign in / Sign up

Export Citation Format

Share Document