CHECK THESE SAMPLES OF The Principal Rules of Evidence in Criminal and Civil Trials and Their Legal Basis
In the English legal system this view could be also applied, especially since in the particular system, due to its structure and its principles is quite difficult to lead to failures in regard to the evaluation of evidence, minimizing the risks for wrong verdicts.... In fact, the verdict cannot replace the judgment of the court, but the verdict is the basis for the development of the judgment.... Relevant literature is used in order to prove that trial by jury should be abolished in the English legal system, since its drawbacks have become more than its benefits....
6 Pages
(1500 words)
Essay
Society appears to have an attraction to jury trial which is emotional or sentimental rather than logical Introduction It was always an accepted fact that the much-idolised British institution of jury trial (‘12 good men and true') was at the core of UK legal system, and thus was held in great presage right from the time of its initiation.... Always commended as a strong sign of democracy within the realms of UK criminal laws, it symbolised the very essence of public assurance, essential for defining the ethical permissibility of the existent criminal system and continuing with support not only from the political and legal system, but also from the general civic populace....
11 Pages
(2750 words)
Essay
“In a civil case, the court may admit evidence offered to prove a victim's sexual behavior or sexual predisposition if its probative value substantially outweighs the danger of harm to any victim and of unfair prejudice to any party” (Federal rules of evidence par.... A main issue in the civil and procedural law in criminal cases is the extent to which either side has to create revelation for the other.... The rules under evidence should be interpreted in order to administer all proceedings in a fair manner, eliminate all unwarrantable delays and expenses, and helping the growth of evidence law by finishing and determining the fact of protecting a just determination....
6 Pages
(1500 words)
Research Paper
The new criminal procedure and jurisprudence that is emerging needs to be considered in the light of what is the actual demand made from it, the rationale behind the trial, and should not limit itself to an adjustment between the classical criminal and civil law processes.... The need is to move toward a judicious combination of the two approaches and this indeed is happening when we consider the recent history of trials where the courts have asserted their role as makers of history11 while the defendants have challenged the very legitimacy of the court12....
14 Pages
(3500 words)
Essay
The justice system cannot get rid of expert witnesses altogether, but the system by which someone "becomes an expert", as well as the admissibility of experts to trials and the manner in which their evidence is evaluated can be improved.... v Dallagher, in which a man was convicted of murder on the basis of an 'ear print' left at a scene, only to be released from seven years later when the efficacy and reliability of that evidence was brought into question.
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In a world in which advances in forensic science have led to increased specialization and a growth in the expertise needed within those specialties, the expert witness seems to be here to stay....
19 Pages
(4750 words)
Essay
It is often suggested that the vigour with which the rule against hearsay is still applied in criminal cases is attributable to the phenomenon of trial by jury in criminal trials on indictment.... The law of evidence does not stop with the guarantee of the truthfulness of the evidence.... This basic requirement, more a first principle than a rule of evidence, is of much deeper significance than any of the specific exclusionary rules that are usually thought to constitute evidence law.
Within the Received View, the importance of testimony in the language of perception runs even deeper....
12 Pages
(3000 words)
Essay
Furthermore, the law on compellability is dependent on whether the trial is a… nal or civil procedure and in criminal trials a defendant's spouse will be compellable as a witness for the defendant and as a witness for the prosecution against the defendant depending on the nature of the offence2.
The law of spousal compellability is governed by the law and statute and has created controversy with regard whether it remains justifiable in the contemporary societal framework, particularly in light of the complex nature of familial relationships....
9 Pages
(2250 words)
Essay
Since expert evidence became an important body of evidence in the second half The inclusion of expert evidence in civil and trial has increased remarkably to encompass, for example, modern and innovative scientific procedures and related assessment reports.... Expert evidence in court processes is regarded as having the potential to shade more light on issues which are beyond the understanding of conventional fact-finding process.... Common law traditions require that expert witnesses are only sought with the permission of the court and that the principal obligation of the experts is to remain impartial to the court during the course of their submissions....
16 Pages
(4000 words)
Essay