Nature and Objectives of Evidence Law branch of law defining the type of information that can be received by a court in order to assist the decision maker to decide a matter in the case

Two types of evidence rules: rules regulating the process (who can give evidence, how can the evidence be given), rules regulating the sort of information that can be received.

Objectives/ principles: truth, disciplinary, protective

truth- reliability, accuracy. broadest but not the only objective

disciplinary principle- can lead to the exclusion of wrongly obtained evidence, aims to discourage law enforcers from adopting inappropriate practises.
Arguably ineffective because it does not actually impact the person acting improperly. Are there more effective ways to communicate disapprobation?

protective principle- requires parties to a litigation be treated fairly and protected from possible prejudices
empirical evidence suggests that decision-makers are not actually influence by prior behaviour (magistrates more effected than jurors). instructing a jury to disregard information is ineffecitve

	Erstellt von Esther McIntyre vor mehr als 11 Jahre

chapter summary

Chapter 1: Nature of evidence law & the UEA