The Impact Of The Human Rights Act 1998 On The Law Of Evidence In The United Kingdom

Essay from the year 2013 in the subject Law - Criminal process, Criminology, Law Enforcement, grade: 60, University of Wales, Aberystwyth, course: LLB, language: English, abstract: The purpose of this essay is to critically examine the impact of the Human Rights Act 1998 on the operation of the burden of proof and on the area of law concerned with the exclusion of evidence obtained by illegal or improper means. From the text: Presumption of innocence; Human Rights Act; Evidential Burden; Legal Burden.

Andrew Choo's 'Evidence' provides a lucid and concise account of the principles of the law of civil and criminal evidence in England and Wales. Critical and thought-provoking, it is the ideal text for undergraduate law students.

"...Papers presented at the Cambridge Centre for Public Law's winter conference on 9-10 January 1999."--P. [vii].

This book is a comparative study of the exclusion of illegally gathered evidence in the criminal trial , which includes 15 country studies, a chapter on the European Court of Human Rights, and a comparative synthetic conclusion. No other book has undertaken such a broad comparative study of exclusionary rules, which have now become a world-wide phenomenon. The topic is one of the most controversial in criminal procedure law, because it reveals a constant tension between the criminal court’s duty to ascertain the truth, on the one hand, and its duty to uphold important constitutional rights on the other, most importantly, the privilege against self-incrimination and the right to privacy in one's home and one's private communications. The chapters were contributed by noted world experts on the subject for the XVIII Congress of the International Academy of Comparative Law in Washington in July 2010.

Innovations in Evidence and Proof brings together fifteen leading scholars and experienced law teachers based in Australia, Canada, Northern Ireland, Scotland, South Africa, the USA and England and Wales to explore and debate the latest developments in Evidence and Proof scholarship. The essays comprising this volume range expansively over questions of disciplinary taxonomy, pedagogical method and computer-assisted learning, doctrinal analysis, fact-finding, techniques of adjudication, the ethics of cross-examination, the implications of behavioural science research for legal procedure, human rights, comparative law and international criminal trials. Communicating the breadth, dynamism and intensity of contemporary theoretical innovation in their diversity of subject-matter and approach, the authors nonetheless remain united by a common purpose: to indicate how the best interdisciplinary theorising and research might be integrated directly into degree-level Evidence teaching. Innovations in Evidence and Proof is published at an exciting time of theoretical renewal and increasing empirical sophistication in legal evidence, proof and procedure scholarship. This groundbreaking collection will be essential reading for Evidence teachers, and will also engage the interest and imagination of scholars, researchers and students investigating issues of evidence and proof in any legal system, municipal, transnational or global.

The text develops the readers' understanding of the law of evidence in both a practical and an academic way by examining and analysing the law in the context of the adversarial and managed systems of criminal and civil justice. This book takes a different approach by formally recognising the operation of the different evidential principles between criminal and civil cases; including a detailed section on the law of civil evidence; recognising that the study of evidence should reflect the practical context in which the rules operate; anticipating important proposed legislative changes in the law of evidence and by recognising the impact of the implementation of the Human Rights Act 1998 on the law of evidence.