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传闻证据可受理意见的一般规则

问题1 '鉴于对意见和传闻证据可受理性的一般规则管理的不灵活, 已经有必要以法律的形式来发展专家证人以处理这些规则的例外情况。然而有一些规定，法官认为会影响审判的公平性时还可以排除证据。”

讨论。

管理传闻的一般的规则是什么?

在普通法下,证人可能只通过他/她的五种感官给他/她的个人观察或遇到的作证。

证词只包括证人可能会被告知或无意中听到的内容,其他是不包括的。同样, 证人可能由他们所看到的,听到的,闻起来,尝过或感觉的任何推论都是不采纳的。推理是陪审团的职能。

被告有权盘问那些反对他的证据，这被认为是公平审判的基本行为。如果一个“私了”的声明是由第三方提交给法院,没有盘问可能会使对初始来源或错误的行为[1]和可信性的评估判读和传播。

General Rules For Admissibility Of Opinion Hearsay Evidence Law Essay

Q.1 ‘Given the inflexibility of the general rules governing the admissibility of opinion and hearsay evidence, it has been necessary for the law to develop exceptions to these rules in respect of the expert witness. However, there are several provisions under which the judge can still exclude evidence which he or she thinks would prejudice a fair trial.’

Discuss.

What are the general rules governing Hearsay?

Under Common Law, a witness may only testify about that which he/she personally observed or encountered through his/her five senses.

Reports of what the witness might have been told by, or overheard from, others are not admissible. Similarly, any deductions the witness might have formed from what they saw, heard, smelled, tasted or felt are inadmissible. Deductions are the realm of the jury.

The right of the defendant to cross-examination those giving evidence against him is considered fundamental to a fair trial. If an ‘out of court’ statement is presented to the court by a third party, no cross-examination may take place to assess both the demeanour [1] and credibility of the original source or errors in interpretation and transmission.

With the passage of time, several exceptions have been made to the strict rule such as: a public document or record, a Res Gestae [2] utterance, a confession, hearsay evidence of a person's reputation, a statement made by a party to a common criminal enterprise, and dying declarations [3] .

In 1964 the House of Lords in R v Myers [4] , found there was no proper principle being followed and that future developments to exceptions to the hearsay rules should be left to legislation.

A couple of years later, the need for legislating for exceptions to the strict rule of hearsay was emphasised by Diplock L.J. in the case of Jones v Metcalfe [5] , an appeal against from Lytham Magistrates. ‘Reluctantly’ allowing the appeal, the Lord Justice described the rule on hearsay as: “a branch of the law which has little to do with common sense” and “absurd”. He went on to state: “This case does illustrate, .......... the need to reform the law of evidence ........”. Widgery J. agreed “with equal reluctance”.

The Criminal Justice Act 1988 did much to formalise the rules regarding hearsay until it was superseded by the Criminal Justice Act 2003, section 118 of which, preserves some of the Common Law exceptions.

What are the exceptions for Expert Witnesses?

In the eighteenth century it became apparent that the strict rule was too restrictive. In the 1782 case of Folkes v. Chadd [6] , Lord Mansfield delivered the opinion of the Court: “I cannot believe that where the question is, whether a defect arises from a natural or an 本论文由英语论文网提供整理，提供论文代写，英语论文代写，代写论文，代写英语论文，代写留学生论文，代写英文论文，留学生论文代写相关核心关键词搜索。