Improperly obtained evidence- The English Law in its fairness decides it is rational to exclude improperly obtained evidence so England's policy was to include the evidence regardless of the source or how it was obtained. The most frequently quoted authority was the 1861 decision of R v Leatham where Crompton J said it mattered not how you get it, if you steal it even it would be admissible in evidence (Osborn,1)…
So although Dennis states that we could include inadmissible evidence, it does not in essence be correct with the system in its fairness.
However, Osborn argues that since the courts have been unwilling to set down guidelines as far as the interpretation of the section on improperly obtained evidence therefore we "are left to analyze the case law in order to predict in what circumstances the discretion may arise (1). Here the argument supports Dennis'claim that this form of retrieving evidence can never be lawful since we are left to decide the accused outcome based
confessions, which arguably would have been excluded at common law in any event, on account of their inherent unreliability (Osborn,76). Evidence obtained in this fashion suggest quite evidently as Dennis stated they lack the moral functions even though it is evidence but we still have to uphold the law.
In R v Nathaniel the accused had given a blood sample four years earlier when being investigated for two other rapes. The police had told him that the sample would be destroyed if he was found not guilty of those crimes. When due to an administrative error it was not, and was later used to convict him of a third unrelated rape, the Court of Appeal excluded the evidence."(Osborn,82)
There is the universal issue of justice and fairness to both parties in the trial . English judges are not prompt to exclude real evidence which has been illegally obtained (Osborn, 78). There i s considerable favoritism that the courts have a right to every piece of evidence that could likewise tip the scales in favor.(78) The court decides whether they want to make the evidence legally feasible or dismiss it altogether. Their decision though fair in its essence lacks lacks the justice put forth by Ian Dennis for the outcome as to the verdict."Equating a criminal trial to a sporting match which has no correct outcome and only an actual one, demeans the court process and necessitates forsaking the central purpose of the trial-the just determination of guilt or innocence."(Osborn, 80)
So in the bargain when you obtain a conviction it can never be legal because of the type of
evidence involved. Andrew Choo gave us three possible reasons behind exclusion of illegally
obtained evidence on the grounds of unfairness-deterrence, compensation and repute.(Osborn,97). So in the meantime these hinder reliability, protection (which includes compensation of the victim and broader considerations of judicial integrity.(97) This undoubtedly supports Ian Dennis' arguments that the legal system here cannot be expressed openly.
Mary Hunter claims that a search of LEXIS reveals that between January 1986 and May 1992, there were 106 such cases, giving credence to the claim that PACE has widened the scope of the ...
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(“Law Evidence Case Study Example | Topics and Well Written Essays - 3000 words”, n.d.)
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“Law Evidence Case Study Example | Topics and Well Written Essays - 3000 Words”, n.d. https://studentshare.net/miscellaneous/276161-law-evidence.
In order to pass judgment in this case, the partnership agreement would be examined and discussed according to the court of law case. Issues like business law, business partnership, intellectual property, and limited liability will be investigated to further our understanding of the case.
Name: Course: Class: Affiliation: Instructor: Date: Case study – LAW Introduction A case study is a statistical method of data collection, recording and presenting of information relating to a specific person, group of people in a specified area or a situation over a period of time.
There have been several cases where the issue of illegally obtained material has been considered. This paper proposes to examine the cases where judges have both exercised their discretion and excluded the evidence as well as the times when such evidence has been allowed.
A contract is a legal binding between two parties (individuals or companies at either side) which is signed by both parties at their full consent after having a "clear" understanding of the terms set forth. The primary attributes of a contract are:
Contracts should always be written with all the terms clearly legible, numbered and referenced (if any reference to supporting documents are required - example, offer letter or technical specifications).
But these facts may make the court reluctant to the complainant's denial or consent in the instant case.2
Consent has to be freely obtained not by force or by means of threat or intimidation or fear of harm. Consent given because of exhaustion after persistent struggle and resistance would appear to be no consent.
Under its equitable discretion the court may disregard the apparent form of limited liability personae, and focus on the actual substance. Hence there are decisions which have distinguished the apparent form of a limited company to show it for
This is sometimes referred to in the literature as 'lifting the veil of incorporation'.
Remaining silent is a right5 that can be exercised by any arrested person during police interview and trial, so that police cannot fabricate evidence, because an accused is not a compellable witness, according to Keane (1996, p. 364). Interview is usually for the benefit of police, to assist their task of seeking more evidence6.
According to the Criminal Justice and Public Order Act 1994 (CJPOA), s.34 (4), these circumstances are that upon questioning under caution by the police or relevant person in charge ,or after being charged or informed of the charge the defendant has failed to mention any fact which he later relies upon in defence which he should have reasonably mentioned at that time.
As time passed, particular laws were acquainted with arrangement with specific circumstances as they were judged to oblige intercession, most especially close by the ascent of automation and urbanization throughout the
In the case of R v. Osbourne & Virtue Lawton LJ in making his judgment made the following observations in relation to what is evident.“In police experience, evidence means information which can be placed before the court and it means that not only to the police office but the general public, as is clearly shown by one of the meanings given to the word.
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