Criminal Evidence

Second Edition

Paul Roberts and Adrian Zuckerman

A highly original contribution to evidence scholarship providing authoritative commentary on the fundamental principles and underlying logic of the law of criminal evidence
Engages with the broader jurisprudential, moral, and political significance of detailed rules of evidence, encouraging a deeper and more holistic understanding of the subject
Identifies and elucidates coherent foundations of principle for particular evidentiary doctrines including fair trial, the presumption of innocence, the privilege against self-incrimination, hearsay, and bad character
Considers the forensic applications of inductive logic, narrative and probability
Fully integrated coverage of the European Convention on Human Rights and post-Human Rights Act developments to date, alongside relevant jurisprudence from the USA, Australia, Canada and other commonwealth jurisdictions
Conclusion reflects on recent, partly contradictory trends towards constitutionalization, discretionary admissibility and cosmopolitanism in the law of criminal evidence
First edition quickly established itself as a leading evidence text throughout the common law world. It was widely and favourably reviewed (including a symposium issue of the International Commentary on Evidence), and has been cited by the Supreme Court of Canada

New to this Edition:

The second edition of this critically acclaimed work has been comprehensively revised, to keep each chapter to a manageable length and to enhance the book's thematic approach
Fully updated to account for all major doctrinal developments since the first edition, including new cases on torture evidence, reverse onus clauses, confrontation, hearsay, previous sexual history and bad character
Includes more detailed coverage of the important topic of confession evidence
Engages with recent theoretical scholarship on the law of evidence, including the work of Antony Duff, Hock Lai Ho, Larry Laudan and Alex Stein

Criminal Evidence

Second Edition

Paul Roberts and Adrian Zuckerman

Description

Criminal Evidence presents a critical commentary on the rules and principles regulating the admissibility of evidence and the processes of fact-finding in English criminal trials. The existing legal rules and their underlying values are fully contextualised and evaluated, and opportunities for reform are systematically examined.

Practical issues of inference and fact-finding are covered in detail, as are the moral and political foundations of evidentiary rules. Theoretical and doctrinal innovation in the presumption of innocence, privilege against self-incrimination, improperly obtained evidence, witness examination, hearsay, character, and the law of corroboration are considered, taking full account of the statutory reforms of the Criminal Justice Act 2003 and subsequent case law.

As a contribution to procedural scholarship, Criminal Evidence presents a distinctive vision and stakes out new territory in the law of evidence and proof. Highly engaging, stimulating and provocative, Criminal Evidence provides the ideal text for any student who wishes to gain a detailed understanding of the principles that underlie the law of criminal procedure and evidence. It also provides a valuable source of analysis and commentary for legal practitioners and scholars specializing in criminal litigation, and contributes towards a critical evaluation of recent statutory reforms and their judicial interpretation.

Criminal Evidence

Second Edition

Paul Roberts and Adrian Zuckerman

1.:Understanding criminal evidence
2.:The procedural framework of adversarial jury trial
3.:Sources of information and proof requirements
4.:Relevance, admissibility and fact-finding
5.:Fair trial
6.:Burdens and presumptions
7.:The principle of orality
8.:Examination-in-chief and cross-examination
9.:Hearsay
10.:Vulnerable and intimidated witnesses
11.:Expert evidence
12.:Confessions
13.:The privilege against self-incrimination
14.:The accused's character and extraneous misconduct
15.:Corroboration and forensic reasoning rules
16.:Criminal evidence - retrospective and prospects

Criminal Evidence

Second Edition

Paul Roberts and Adrian Zuckerman

Author Information

Paul Roberts, Professor of Criminal Jurisprudence, University of Nottingham, and Adrian Zuckerman, Professor of Civil Procedure, University of Oxford

Criminal Evidence

Second Edition

Paul Roberts and Adrian Zuckerman

Reviews and Awards

"If you want to pursue the law of criminal evidence as an intellectual inquiry, you will be hard pressed to find a better textbook than this...An admirably wide range of materials is covered and thought-provoking comments can be found at every turn." - Hock Law Ho, Criminal Law and Philosophy