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The first edition of Evidence and the Adversarial Process was
published in 1992. Since then the law of evidence has undergone
many significant changes, for example to the right to silence, the
rules on disclosure, corroboration and the treatment of child
witnesses. Despite substantial revision of the original text, the
themes of the first edition are retained: to what extent is the
content of the law of evidence dictated by the adversarial form of
trial, and is it worth retaining? Do the rules of evidence operate
in the interests of justice? The new edition is designed not only
to interest readers already conversant with the law of evidence but
to be used as a text by law teachers interested in a more
discursive approach than that employed by traditional evidence
textbooks. To this end, it contains more explanatory material than
the first edition, and should be entirely comprehensible to the
novice. The objective is to provide a self-contained but critical
account of the manner in which cases are tried in England and
Wales. As such it is ideal for students of law studying for
university and professional examinations.
Courts are constantly required to know how people think. They may
have to decide what a specific person was thinking on a past
occasion; how others would have reacted to a particular situation;
or whether a witness is telling the truth. Be they judges, jurors
or magistrates, the law demands they penetrate human consciousness.
This book questions whether the arm-chair psychology' operated by
fact-finders, and indeed the law itself, in its treatment of the
fact-finders, bears any resemblance to the knowledge derived from
psychological research. Comparing psychological theory with court
verdicts in both civil and criminal contexts, it assesses where the
separation between law and science is most acute, and most
dangerous.
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