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Evidence in Criminal Trials: A Guide to Irish Law

Evidence in Criminal Trials: A Guide to Irish Law

          
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About the Book

Evidence in Criminal Trials is a new Irish legal title providing a comprehensive, dedicated examination of the subject and covers the vast majority of issues addressed in law school courses on evidence.

It is the only evidence title on the market that deals with international developments regarding criminal evidence and electronic disclosure and is written by one of the leading academics in this field, in conjunction with Úna Ní Raifeartaigh, one of the most renowned criminal barristers in the jurisdiction.

The law of evidence comprises the rules which govern the presentation of facts and proof in proceedings before a court. It is a subject of enormous importance to both practitioners and students.

Over the past 20-30 years, Irish law in this area has increasingly diverged from UK law, making UK texts decreasingly useful to Irish practitioners and students.

Contents includes:

Introduction:
The nature of evidence; The trial setting; The Constitution; The ECHR; Key evidentiary concepts; Means of proof; Burdens and standards of proof; International developments;

Disclosure:
Introduction; Material relied on as part of the prosecution case; Material not relied on as part of the prosecution case; Material in the possession of third parties; Procedural mechanisms; Electronic disclosure; Defence disclosure; The duty to seek out and preserve evidence;

Privilege:
Introduction; The privilege against self incrimination; Informer privilege; Public interest privilege; Private privileges;

Testimony:
Introduction; Examination-in-chief; Cross-examination; Re-examination; Special measures; Previous witness statements;

Particular Witnesses:
The accused; The spouse of the accused; Children; Complainants in trials for sexual offences; Children; Persons with cognitive impairment; Accomplices; Intimidated witnesses; Eyewitnesses; Heads of State and diplomats;

Expert Evidence:
Admissibility; Weight; The duties of the expert; The reliability of expert evidence; Governance and reform;

Custodial Statements and Silence:
The custodial setting; Constitutional rights; Statements; Silence;

Evidence Other than Testimony:
Introduction; Documentary evidence; Real evidence; Scientific and Technical Evidence; Surveillance evidence;

Hearsay:
Hearsay defined; Out of court statements; Probative purposes; Exceptions to the rule; The ECHR; Reform;

Unlawfully Obtained Evidence:

Introduction; The development of the exclusionary rule; Conscious and deliberate breach; Causative link; Extraordinary excusing circumstances; Illegally obtained evidence; Reform


About the Author:

Liz Heffernan, LLB (Dublin), LL.M. (Dalhousie), LLM & JSD (Chicago), BL, admitted New York & US Federal Bar, is an Associate Professor and Fellow at Trinity College Dublin. She was formerly a lecturer in law at University College Dublin (2001-2007), Visiting Professor at Washington and Lee University School of Law, Lexington, Virginia, USA (1995-1996 and 1999-2000), and Law Clerk at the US Court of Appeals for the 7th Circuit (1998-1999) and the US District Court for the Northern District of Illinois (1997-1998 & 2000-2001).

Liz Heffernan has been teaching evidence in Irish law schools since 2001 and has published nationally and internationally on the subject.

Una Ní Raifeartaigh, BCL, BL, is a Senior Counsel. She was formerly a research assistant at the Law Reform Commission (1988-1991) and Reid Professor of Criminal Law and Criminology at Trinity College Dublin (1991-1996). She commenced practice as a Junior Counsel in 1993 and has been a Senior Counsel since 2009.

Una Ní Raifeartaigh has twenty years' experience as a criminal law practitioner. A former academic, she publishes articles on criminal evidence (and more broadly within the field of criminal justice) and speaks regularly at conferences.


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Product Details
  • ISBN-13: 9781780434209
  • Publisher: Tottel Publishing
  • Publisher Imprint: Tottel Publishing
  • Depth: 51
  • Language: English
  • Returnable: Y
  • Spine Width: 25 mm
  • Weight: 700 gr
  • ISBN-10: 1780434200
  • Publisher Date: 28 Feb 2014
  • Binding: Hardback
  • Height: 248 mm
  • No of Pages: 864
  • Series Title: English
  • Sub Title: A Guide to Irish Law
  • Width: 156 mm


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