Evidence, Proof and Justice
This book uses legal philosophy to analyse the transformation of the rules of evidence in English courts. Issues such as adverse inferences from silence, fundamental rights of defendants, double jeopardy, public interest immunity and expert evidence and mathematical proof are critically assessed with a view to showing that the proliferation of statutes on evidence in English courts, the wide discretionary powers vested in judges to admit all types of evidence raise serious issues of justice and ‘open impartiality’ as distinct from ‘close impartiality’. Suggestions for reform are proffered.
This book uses legal philosophy to analyse the transformation of the rules of evidence in English courts. Issues such as adverse inferences from silence, fundamental rights of defendants, double jeopardy, public interest immunity and expert evidence and mathematical proof are critically assessed with a view to showing that the proliferation of statutes on evidence in English courts, the wide discretionary powers vested in judges to admit all types of evidence raise serious issues of justice and ‘open impartiality’ as distinct from ‘close impartiality’. Suggestions for reform are proffered.
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