Hearsay and Confrontation in Criminal Trials

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

Index
Ackner, Lord86, 114-16
Aickin J.52
Allport, G. W.23-4
ambiguities 27-9, 195
dying declarations and 107
implied assertions and 84
lexical 27-8
patent 27-8
statements admissible as part of the res gestae and 121
structural 28
syntactic 28
assertions see also implied assertions express 82-4
Law Commission and 164
Australia
defence evidence and 67
dying declarations and 111
Evidence Act 1995 and 207-13
exceptions and 207-13
notice and 210
unavailability of declarant and 208-9
identification and 52, 55, 58
implied assertions and 87-8, 90, 92
prior inconsistent statements and 49
reform in 163-4, 171-2, 178-80
state of mind in 132
third-party confessions in 65
Bacon, M.5
Baron, Lord Chief5
Bentley, D.29
Bergman, P.28
Borgida, E.36
Brandeis J.14-15
Bridge, Lord123, 126
Brougham, Lord104
Canada
common law exceptions and 104, 105
dying declarations and 108
exceptions in 192
identification and 58
implied assertions and 86
Myers v. DPP and 9
prior inconsistent statements and 49
reform in 163-4, 166-70, 180
state of mind and 127, 128
statements admissible as part of the res gestae and 119
Canning, E.6
children
cross-examination of 161
stress caused to 193
video recordings of 161-62
witnesses, as 42
Coke, E.4
common law exceptions 103-42 see also dying declarations, statements admissible as part of res gestae
Brougham, Lord and 104
Canada and 104, 105
confessions and 102-3, 104
deceased persons' statements and 103-12
declarations and
course of duty, in 105-6
pecuniary or proprietary interest, against 103-5
penal interest, against 104
Dickson J. and 105
Tregarthen, J. B. C. and 113
Wigmore, J. H. and 104
computer-generated documents 157-60
admissibility of 157
improper use of 158-9
Law Commission on 159
reliability of 157
conduct 196
implied assertions and 76, 91-8
negative hearsay and 69-72
confessions, third-party 61-65, 73
Australia, in 65
co-accused 63
corroboration of 64
reliability of 63
United States, in 64-5
confrontation 192, 196
reform and 181-5, 188
unavailability of declarant and 196
United States Federal Rules of Evidence and 9-10, 181-5
convictions
Dworkin, R. and 13
wrongful 13-14, 62, 66
corroboration 5
dying declarations and 111
self 47-9
statutory exceptions and 156
third-party confessions and 64
United States Federal Rules of Evidence and 173-4
Cory J.50

-231-

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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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