This work continues as an invaluable practical reference and theoretical analysis. It shows the right way to proceed - and what can go wrong - and how the criminal justice system can prepare for and deal with that. \n\nFrom the Foreword by Nicholas Cowdery AO, QC, FAAL\nCriminal jury trials occur in an increasingly complex justice environment. The Trial distils and explains the criminal trial's complexities in terms of the daily pre-trial and trial challenges facing courts and practitioners. It draws links to the potential impact of lawyers' advocacy on courts' decision-making and the important context of juries, and explicitly recognises that courts' processes and decisions require not only an appreciation of the uniform Evidence Acts, but also an understanding of human emotion and psychology.
\n\nWritten by leading evidence law scholars and a criminal law practitioner, this second edition of The Trial:
\n \n contextualises evidence law within pre-trial processes such as police questioning, pleadings and disclosure; \n connects law reform, fair trial norms and lawyers' ethical obligations to promote justice; \n considers frailties in Australia's justice system through its pressure points. These include unchecked cross-examination, disclosure, reliance on forensic science, identification evidence and evidence of defendants' criminal history; and \n has been thoroughly updated and remains an essential tool for students, scholars and practitioners alike. \n
Foreword Preface Abbreviations Table of Cases Table of Statutes 1. Accusatorial Justice 2. Prosecutors, Pleadings and Proof 3. Client Legal Privilege 4. Introducing the Law of Evidence: Relevance, Discretions and Mandatory Exclusions 5. The Witness in the Box 6. Cross-examination, Witness Credibility and Related Challenges 7. Police Questioning and The Accused: Silence and Admissions 8. Hearsay - The Rule 9. Hearsay - The Exceptions to the Rule 10. Character Evidence 11. Tendency and Coincidence Evidence 12. Opinion Evidence 13. Identification Evidence 14. The Rise and Rise of Judicial Instructions, Directions & Warnings Epilogue
