NCJ Number
45636
Date Published
1977
Length
99 pages
Annotation
A COMPREHENSIVE GUIDE TO THE BRITISH RULES OF CRIMINAL EVIDENCE IS PRESENTED FOR POLICE OFFICERS, MAGISTRATES, SOCIAL WORKERS, AND THE GENERAL PUBLIC.
Abstract
ONCE THE NATURE OF THE CHARGE AND THE IDENTITY OF THE ALLEGED OFFENDER ARE ESTABLISHED, THE LAWS OF EVIDENCE WILL DETERMINE WHICH FACTS MAY BE PROVED IN A COURT OF LAW AND THE MEANS BY WHICH THEY MAY BE PROVED. FACTS WHICH MAY BE PROVED BY EVIDENCE ARE FACTS RELEVANT TO THE FACTS IN ISSUE, FACTS IN ISSUE PER SE, AND FACTS WHICH ARE ADMITTED IN EVIDENCE AS FORMING PART OF THE RES GESTAE. EVIDENCE MAY INCLUDE AIDS TO IDENTIFICATION, SUCH AS PHOTOGRAPHS, AND DIRECT AND CIRCUMSTANTIAL EVIDENCE. PRESUMPTIONS, FORMAL ADMISSIONS, AND THOSE MATTERS OF WHICH A COURT TAKES JUDICIAL NOTICE NEED NOT BE PROVED BY EVIDENCE. THE BURDEN OF PROOF RESTS IN MOST CASES ON THE PROSECUTOR WHO MUST FIRST ESTABLISH A CASE AND THEN PROVE PARTICULAR FACTS RELEVANT TO THE CASE BEYOND REASONABLE DOUBT. IRRELEVANT FACTS ARE EXCLUDED FROM EVIDENCE. WITNESS OPINION (UNLESS EXPERT), PREVIOUS SIMILAR ACTS BY THE ACCUSED, AND EVIDENCE AS TO THE BAD CHARACTER OF THE ACCUSED ARE GENERALLY DEEMED INADMISSIBLE. IN ADDITION, RELEVANT FACTS MAY BE EXCLUDED ON THE GROUNDS OF PUBLIC POLICY, IN CASES WHERE A WITNESS MAY CLAIM PRIVILEGE, OR WHERE EVIDENCE HAS BEEN ILLEGALLY OBTAINED. IN GENERAL, ANY PERSON WHO IS CAPABLE BY REASON OF AGE AND UNDERSTANDING OF GIVING RATIONAL TESTIMONY ON A MATTER IN ISSUE IS COMPETENT TO DO SO AND MAY BE COMPELLED TO TESTIFY UNDER OATH. EXCEPTIONS TO THE COMPETENCE AND COMPELLABILITY RULE ARE EXAMINED. RULES GOVERNING REFRESHING OF THE WITNESS' MEMORY, EXAMINATION, CROSSEXAMINATION, REEXAMINATION, AND HANDLING OF AN UNWILLING OR HOSTILE WITNESS ARE OUTLINED. TYPES OF REAL EVIDENCE (E.G., WEAPONS OR FINGERPRINTS) AND TYPES OF DOCUMENTARY EVIDENCE ARE DISCUSSED. SPECIAL EXCEPTIONS TO THE HEARSAY RULE, WHICH PROHIBITS THE INTRODUCTION OF SPOKEN OR WRITTEN EVIDENCE BY AN INDIVIDUAL NOT CALLED AS A WITNESS, ARE PRESENTED. RULES PROPOSED BY HER MAJESTY'S JUDGES (1912) AS A GUIDE FOR POLICE INTERROGATION AND STATEMENT-TAKING ARE REPRODUCED. APPENDED ARE SECTION 1 OF THE CRIMINAL EVIDENCE ACT OF 1898, A SUMMARY OF RECOMMENDATIONS OF THE CRIMINAL LAW REVISION COMMITTEE ON EVIDENTIAL ADMISSIBILITY, A SUMMARY OF RECOMMENDATIONS OF THE DEPARTMENTAL COMMITTEE ON EVIDENCE OF IDENTIFICATION IN CRIMINAL CASES, AND A SUMMARY OF RULES OF EVIDENCE IN A QUESTION-AND-ANSWER FORMAT. TABULAR LISTINGS OF PERTINENT STATUTES AND CASES AND AN INDEX ARE ALSO PROVIDED. (JAP)