Hearsay and Confrontation in Criminal Trials

By Andrew L.-T. Choo | Go to book overview

General Editor's Introduction

Critics of the English law of evidence have often claimed that the rationales for various rules are explicable only in terms of historical conditions long superseded, that it has failed to adapt to changing social and technological developments, and that frequently the results of applying it defy common sense. The hearsay rule and its exceptions have been subjected to all these criticisms and more. The topic was considered by the Criminal Law Revision Committee in its Eleventh Report in 1972, and it is again under consideration, this time by the Law Commission. Dr. Choo's study goes deeper and wider than those enquiries, seeking to provide a more principled examination of the existing law and directions for reform than is possible in general texts and in committee reports. It is a timely contribution to a major debate.

Andrew Ashworth

-v-

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Hearsay and Confrontation in Criminal Trials
Table of contents

Table of contents

  • Title Page iii
  • General Editor's Introduction v
  • Preface vii
  • Contents ix
  • Table of Cases xi
  • Table of Statutory Material xxii
  • 1 - The Rule Against Hearsay in Criminal Trials 1
  • 2 - The Rationales for the Rule 11
  • Conclusion 42
  • 3 - The Hearsay Rule in Operation (and Inoperation) 44
  • Conclusion 73
  • 4 - Implied Assertions 74
  • Conclusion 100
  • 5 - Common Law Exceptions to the Hearsay Rule 102
  • Conclusion 141
  • 6 - Statutory Exceptions to the Hearsay Rule 143
  • 7 - Reform Options 163
  • 8 - Conclusion 192
  • Appendix A: United States Federal Rules of Evidence 201
  • Appendix B: Evidence Act 1995 (Commonwealth of Australia) 207
  • Appendix C: Law Commission Consultation Paper--Suggestions for Reform 214
  • Bibliography 217
  • Index 231
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