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Evidence Commons

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Boston College Law School

Common Law

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Full-Text Articles in Evidence

Unfair Consequences: How The Reforms To The Rule Against Hearsay In The Criminal Justice Act 2003 Violate A Defendant’S Right To A Fair Trial Under The European Convention On Human Rights, Conor Mulcahy May 2005

Unfair Consequences: How The Reforms To The Rule Against Hearsay In The Criminal Justice Act 2003 Violate A Defendant’S Right To A Fair Trial Under The European Convention On Human Rights, Conor Mulcahy

Boston College International and Comparative Law Review

For years, judges and legislatures in common-law jurisdictions have struggled to develop effective and equitable rules regarding the admissibility of hearsay statements. Particularly in criminal cases, in which a defendant’s very liberty is often at stake, governments have endeavored to strike the balance between the prosecution’s need for probative evidence against the accused and the defendant’s right to cross-examine those who have made statements against him. Parliament attempted to achieve such parity when it passed the Criminal Justice Act 2003, a watershed piece of legislation that significantly liberalized the admissibility of hearsay statements in English and Welsh ...


The Criminal Evidence (N.I) Order 1988: A Radical Departure From The Common Law Right To Silence In The U.K.?, Richard Maloney Aug 1993

The Criminal Evidence (N.I) Order 1988: A Radical Departure From The Common Law Right To Silence In The U.K.?, Richard Maloney

Boston College International and Comparative Law Review

No abstract provided.