Evidence: Law and Context

Evidence: Law and Context explains the key concepts of evidence law in England and Wales clearly and concisely, set against the backdrop of the broader political and theoretical contexts. The book focuses on the essential topics commonly found on Evidence courses, covering both criminal evidence and civil evidence. Taking a contextual approach, the authors show how wider policy debates and societal trends have impacted upon the recent evolution of the law, helping to explain how and why the law has developed. The sixth edition has been revised to include: the impacts of the COVID-19 pandemic, the introduction of the Solicitors Qualifying Examination (SQE), and updates on previous statistics on the increase in the use of 'show pleas,' false confessions, and miscarriages of justice, alongside a comparative perspective on how the American criminal practice has evolved along a parallel line. Learning points summarise the major principles and rules covered and practical examples are used throughout the text to give better understanding as to how the technical rules are applied in practice. Self-test questions are included in the book, helping students to test their understanding and prepare for assessment. Well written, clear, and with a logical structure throughout, it contains all the information necessary for any undergraduate evidence law module.

Claire McGourlay is Professor of Legal Education and the Director of External Relations in the School of Social Sciences at the University of Manchester. Mark Thomas is a practising barrister, specialising in criminal law. Suzanne Gower is a lecturer in criminal evidence and miscarriages of justice at the University of Manchester, UK. Joyce Claudia Choo is an International Legal Studies LLM candidate at New York University School of Law, US, and a Transitional Justice Scholar with the Centre for Human Rights and Global Justice (CHRGJ).

1. Introduction: Basic Concepts 2. The Adversarial Trial 3. The Burden and Standard of Proof 4. Witnesses I: Competency, Compellability and Oath Taking 5. Witnesses II: Vulnerable Witnesses 6. Witnesses III: Examination and Cross-examination 7. The Privilege against Self-incrimination and the Right to Silence 8. Confession Evidence 9. Improperly Obtained Evidence 10. Suspect Evidence: Corroboration and Identification 11. Character Evidence 12. Hearsay Evidence 13. Opinion Evidence 14. Public Interest Immunity