Evidence Essays

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World Legal Systems and Sharia Law

The significant difference between religious system and other types of legal systems is religion plays an important role in religious legal system as a guide to deal with disputes, an enlightenment for the general community on the right understanding, and a decision making process based on scared texts. In Afghanistan, where Islam has the important […]

Pages: 6 Words: 1870 Topics: Common Law, Evidence, Government, Judge, Judiciary, Separation Of Powers, Social Institutions

Law of Evidence Question

Abstract In this coursework I have paid particular attention on the Youth Justice and Criminal Evidence Act 1999(YJCEA) , Criminal Justice Act 2003 , Code D of PACE 1984 Code of Practice and cases such as Turnbull [1977] , R v Hanson [2005] , R v Vye [1993] and other relevant cases in order to […]

Pages: 13 Words: 3792 Topics: Act, Common Law, Evidence, Government, Justice, Morality, Social Institutions, Virtue
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Burden of Proof in Criminal and Common Law

“He who asserts must prove”. This statement of law allows us to understand that in criminal cases the onus of proof rests with the prosecution and that the standard of proof is one that must be satisfied beyond a reasonable doubt [1] . However, there are exceptions to this in the form of both statutory exceptions and […]

Pages: 5 Words: 1399 Topics: Burden Of Proof, Comparative Law, Criminal Law, Deviance, Ethical Principles, Evidence, Jurisprudence, Morality

R V Barry White

It is clear to see in the case of Barry White v The Crown that there are several issues arising on the facts. These issues shall now be argued under various grounds of appeal below. Ground 1- Failure to dismiss evidence that has been obtained unlawfully In regards to the evidence within the case in […]

Pages: 10 Words: 3144 Topics: Common Law, Confession, Criminal Justice, Evidence, Morality, Theft, Virtue

Keeping Criminal Trials Fair

Judicial staying of criminal proceedings is an exceptional course for the trial judge to take and usually the trial process itself including appropriate judicial directions to the jury, is adequate to ensure that a criminal trial remains fair at common law and Article 6 of the European Convention on Human Rights, as given effect to […]

Pages: 9 Words: 2813 Topics: Common Law, Crime, Criminal Law, Discretion, Evidence, Judge, Jury, Virtue

Digital Evidence Admissibility

Law Examination Q3: Outline and discuss the factors which will determine the admissibility of computer-generated or computer stored evidence Answers: Admissible Evidence Before determine the admissibility of the computer-generated or computer stored evidence, we should know an evidence of what conditions are needed to meet is an admissible evidence. Gerald and Kathleen Hillgave us a […]

Pages: 9 Words: 2551 Topics: Ethical Principles, Evidence, Government, Separation Of Powers, Social Institutions, Virtue

does the Current Law Protect Vulnerable and Intimidated Witnesses Adequately?

Are vulnerable and intimidated witnesses adequately protected during cross-examination under the current law? To appear as a witness in a criminal trial has been described as a terrifying, intimidating, difficult and stressful ordeal.[1] It is not an easy experience for vulnerable and intimidated witnesses when the issue of giving evidence about the incident they were […]

Pages: 7 Words: 2229 Topics: Act, Child Abuse, Crime, Evidence, Judge, Rape, Social Institutions, Witness

Burden of Proof

The legal or persuasive burden of proof is defined as the ‘burden of persuading the tribunal of fact, to the standard of proof required and on the whole of the evidence, of the truth or sufficient probability of every essential fact in issue’. In our scenario, the claimant will bear the legal burden of proving […]

Pages: 7 Words: 2210 Topics: Burden Of Proof, Confession, Crime, Ethical Principles, Evidence, Jury

Analysis Al Khawaja V UK

Hearsay rule is among the remarkable rules of the law of evidence which was first developed in English-speaking countries during the second half of the eighteenth and the first years of the nineteenth century. The admissibility of hearsay evidence has been a controversial issue while some people asserted that it should be abolished. In fact, […]

Pages: 10 Words: 2873 Topics: Burden Of Proof, Common Law, Criminal Procedure, Evidence, Jury, Witness

Istihsan and Sharia Law

Basically, the rulings that had been made by the Companions and Successors were often based on their own understanding for the spirit and Shariah purpose. So, the rulings that are made by the Companions and Successors are not in restricted manner and also not in giving the exact meaning of the rules because they are […]

Pages: 6 Words: 1793 Topics: Evidence, Government, Islam, Social Institutions, Truth, Virtue, Witness

Similar Fact Evidence

The law of evidence is a system under which facts are used to determine the rights and liabilities of the parties. Evidence proves the existence of “facts in issue” or infers them from related facts. One of the fundamental considerations of criminal evidence law is the balance of justice to the accused against wrongful convictions, […]

Pages: 9 Words: 2835 Topics: Common Law, Criminal Law, Ethical Principles, Evidence, Jurisprudence, Mens Rea, Morality

Law of Evidence

Law of evidence – scenario based The present scenario involves a number of substantive and procedural considerations. These are organised into groupings of identification evidence, alibi, the applicability of special measures, witness competence and compellability, and considerations of burden of proof. The scenario also lends itself to a discussion of trial tactics. Tactical considerations for […]

Pages: 7 Words: 1990 Topics: Burden Of Proof, Common Law, Evidence, Government, Jury, Justice, Witness

Problem Answers on Criminal Procedure and Evidence Law

(i) In the rules of criminal procedure, a suspected person has no obligation to answer any questions because the burden of proof of a criminal case is at the prosecution side. Therefore Herman can exercise his right of silence which is protected under the Article 11(2)(g) of the Hong Kong Bill of Rights Ordinance (Cap. […]

Pages: 6 Words: 1849 Topics: Act, Common Law, Crime, Criminal Justice, Criminal Law, Evidence, Justice, Social Institutions, Virtue

R. V Blastland [1986] AC 41

R. v Blastland [1986] AC 41 Introduction In this case, the Appellant to the House of Lords had been charged with buggery and murder. It was alleged that he had forcibly buggered a 12 year-old boy before strangling him with a scarf. The Defendant’s case was that he had attempted to bugger the boy but […]

Pages: 17 Words: 4982 Topics: Criminal Law, Evidence, Government, Jury, Social Institutions, Witness

Standard of Proof Common Civil Law Comparative Perspective Law Essay

In both legal systems, common law and civil law, criminal and civil matters are the majority of issues occurring in legal proceeding. Criminal matters are legal affiliation between governments and citizens in which governments take a superior position. “Criminal process, typically although not exclusively, is initiated by the government or an agency of government, and […]

Pages: 8 Words: 2283 Topics: Burden Of Proof, Common Law, Criminal Procedure, Evidence, Jury, Witness

the Cybercrime Convention and the Criminalisation of Child Pornography Related Crimes

INTRODUCTION: The use of computers as an instrument to commit crimes is in the increase in this modern age. It is very easy for one to possess and access child pornographic material, particularly through the use of the internet. The cybercrime convention amongst others places a responsibility on member states to make a concerted effort […]

Pages: 8 Words: 2442 Topics: Child Pornography, Crime, Cyber Security, Evidence, Government, Justice, Search And Seizure, Social Institutions

the Section 41 Approach in Sexual Offence Trials Law Essay

Historically, the prejudicial effect of rape myths and sexual history evidence has been problematic for the courts in sexual offence trials. In 1999, Parliament enacted s.41 of the Youth Justice and Criminal Evidence Act to place stringent restrictions on sexual history evidence. However, these provisions have caused some difficulties for the courts. While the landmark […]

Pages: 8 Words: 2324 Topics: Crime, Discretion, Ethical Principles, Evidence, Judge, Jury, Rape

Criminal Justice Act 2003

Criminal Justice Act 2003 ‘Parliament’s purpose in the legislation, as we divine it from the terms of the Act, was to assist in the evidence based conviction of the guilty, without putting those who are not guilty at risk of conviction by prejudice’ (R v Hanson [2005] 2 Cr App R 21, Rose LJ at […]

Pages: 10 Words: 2892 Topics: Common Law, Crime, Evidence, Jury, Justice, Rape

Criminal Litigation Process

Criminal litigation process This question raises issues of the criminal litigation process as well as evidential issues involved during the questioning of suspects and subsequent litigation. In the interests of proper case analysis, I have decided to deal with the parties in turn by considering the legal issues that arise in relation to each party’s […]

Pages: 9 Words: 2688 Topics: Burden Of Proof, Confession, Evidence, Jury, Morality, Separation Of Powers, Torture

Pre-recorded Video Evidence in Sexual Assault and Rape Trials

Pre-recorded video evidence in sexual assault and rape trials The use of pre-recorded video evidence in sexual assault and rape trials. Has the law of criminal evidence managed to strike an appropriate balance between protecting the victims of sexual assault, who are usually the prime witnesses in prosecution proceedings, and protecting the due process rights […]

Pages: 25 Words: 7512 Topics: Crime, Evidence, Jury, Rape, Sexual Assault, Victimology, Witness

Buds Big Blue Manufacturing Case

1. ) After performing any alternative procedures, the auditor should evaluate the combined evidence provided by the confirmations and the alternative procedures to determine whether sufficient evidence has been obtained about all the applicable financial statement assertions. In performing that evaluation, the auditor should consider (a) the reliability of the confirmations and alternative procedures; (b) […]

Pages: 4 Words: 1208 Topics: Audit, Evidence, Financial Statement, Manufacturing, Risk

Monster Book Report

In Monster, by Walter Dean Myers, the reader learns from Steve Harmon’s experiences that sometimes guilt or innocence of a person might not be determined by solid evidence but by onlooker’s opinions and interpretation of the crime. There is not a large amount of scientific evidence in the case against Steve Harmon, so the jury […]

Pages: 2 Words: 614 Topics: Common Law, Crime, Criminal Law, Evidence, Jury, Justice, Scientific, Witness

False Confession Experiment

Research Question The research question in the article, Innocent but Proven Guilty: Eliciting Internalized False Confessions Using Doctored-Video Evidence by Nash and Wade (2008), is: Could fake-video evidence lead people to believe they committed an act they never did? This research question is interesting as it reveals how people may be driven to make false […]

Pages: 4 Words: 1105 Topics: Confession, Crime, Criminal Justice, Evidence, Justice, Research, Witness

Court and Justice in Child Protection

Having successfully established the existence of legal instruments, it is important to analyze the mode of implementing the written laws. Laws do not exist in a vacuum, they exist in a society and the society has forever been known for its resistance to change. Take for example a scenario in which the legislature enacts a […]

Pages: 2 Words: 601 Topics: Child Abuse, Child, Common Law, Ethical Principles, Evidence, Justice, Social Institutions, Witness

Animals Able to Live a Life as Free as Human Beings

Animals dont have a voice and humans are their only chance at speaking up about the abuse and getting justice for what is right. But when it comes to cases of animal cruelty, the court does not protect and treat all animals the same as they do human beings. Animal cruelty, also known as animal […]

Pages: 6 Words: 1656 Topics: Animal Testing, Animals, Cruelty To Animals, Evidence, Justice
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