Hearsay and Confrontation in Criminal Trials

Hearsay and Confrontation in Criminal Trials

Hearsay and Confrontation in Criminal Trials

Hearsay and Confrontation in Criminal Trials

Synopsis

This timely book presents a critical look at the operation, theoretical basis, and possible reform of the rule against Hearsay in criminal trials. The main focus of the book is on English law, but references also are made to the legal position in a number of other jurisdictions. This work, on a very topical and controversial area of the law, follows closely on the heels of the publication of the Law Commission's consultation paper on Criminal Hearsay.

Excerpt

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have often claimed that the rationales for various rules are explicable only in terms of historical conditions long superseded, that it has failed to adapt to changing social and technological developments, and that frequently the results of applying it defy common sense.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 . . .

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