Journal articles: 'Evidence (law) – england'

1

Cocks, Raymond, and Christopher Allen. "The Law of Evidence in Victorian England." American Journal of Legal History 42, no. 3 (July 1998): 298. http://dx.doi.org/10.2307/846184.

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Simpson, A. W. Brian, and Christopher Allen. "The Law of Evidence in Victorian England." Albion: A Quarterly Journal Concerned with British Studies 30, no. 3 (1998): 534. http://dx.doi.org/10.2307/4053336.

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Horstman, Allen, and C. J. W. Allen. "The Law of Evidence in Victorian England." American Historical Review 104, no. 4 (October 1999): 1374. http://dx.doi.org/10.2307/2649706.

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Pue, W. Wesley. "The Law of Evidence in Victorian England (review)." Victorian Studies 43, no. 2 (2001): 335–38. http://dx.doi.org/10.1353/vic.2001.0032.

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Pattenden, Rosemary. "Authenticating ‘Things’ in English Law: Principles for Adducing Tangible Evidence in Common Law Jury Trials." International Journal of Evidence & Proof 12, no. 4 (November 2008): 273–302. http://dx.doi.org/10.1350/ijep.2008.12.4.303.

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This article explores the true nature of authentication of tangible evidence in English law and kindred jurisdictions. It first identifies general principles governing the respective roles of judge and jury in the authentication of tangible evidence embedded within the case law of England and Wales. Those principles are then compared and contrasted to the rules governing authentication of evidence under the US Federal Rules of Evidence. Finally, general principles of authentication in English law are examined in relation to the authentication of forensic science evidence; film, video, photographs and sound recordings; private documents; computer output; and recorded confessions.

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ELLIOT, MICHAEL D. "New Evidence for the Influence of Gallic Canon Law in Anglo-Saxon England." Journal of Ecclesiastical History 64, no. 4 (September 9, 2013): 700–730. http://dx.doi.org/10.1017/s002204691300153x.

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The importance of canon law collections to Anglo-Saxon legal culture has long been thought negligible, especially in comparison to the considerable importance of an alternative genre of canonical literature known as the penitential handbook. Over the past several decades, however, evidence for the use and circulation of continental canon law collections in pre-Conquest England has been mounting, to the extent that it could challenge traditional notions about the dominance of penitential law in the early English Church. This study presents new evidence for the reception in Anglo-Saxon England of a major continental collection known as theCollectio vetus Gallica.

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Merrington, Simon, and Steve Stanley. "‘What Works?’: Revisiting the Evidence in England and Wales." Probation Journal 51, no. 1 (March 2004): 7–20. http://dx.doi.org/10.1177/0264550504042445.

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Klambauer, Eva. "Policing roulette: Sex workers’ perception of encounters with police officers in the indoor and outdoor sector in England." Criminology & Criminal Justice 18, no. 3 (May 16, 2017): 255–72. http://dx.doi.org/10.1177/1748895817709865.

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The regulation of sex work continues to be a divisive topic in England and internationally. Policies governing the policing of the sex industry in England are continually revised and debated, but are seldom grounded in empirical evidence of sex workers’ experiences. Based on 49 qualitative interviews with sex workers in England, this article finds that indoor sex workers had far more positive experiences with the police than outdoor sex workers. Despite this difference, both indoor and outdoor sex workers perceive their interactions with the police through the lens of their stigmatized status as sex workers and do not expect respectful treatment by the police. This article presents compelling evidence that an enforcement-led approach to policing creates insuperable barriers to the success of protective policing.

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Bright, Susan, and Hannah Dixie. "Evidence of green leases in England and Wales." International Journal of Law in the Built Environment 6, no. 1/2 (April 8, 2014): 6–20. http://dx.doi.org/10.1108/ijlbe-07-2013-0027.

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Purpose – This paper aims to report on research that investigates the use of green clauses in leases of office and retail premises in England and Wales. Design/methodology/approach – The authors examined 26 recent leases of green build properties registered at HM Land Registry. The green clauses discovered were classified and compared with the model form green clauses promoted by the London-based Better Building Partnership's Green Lease Toolkit. Findings – Of the 26 leases analysed, 18 contained some form of green provision. Research limitations/implications – As the sample selected was not representative, a larger study is needed to detect trends in green leasing. This research method does not show the impact of green clauses on property management. Practical implications – This research illustrates the types of clauses that have been used in leases but also shows that green leasing principles are not yet the industry standard. Many new, long leases still make no reference to environmental practices. Originality/value – This is the first research to be done examining the green content of agreed leases and develops a methodology that can be used for future research.

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Graham, Kenneth W., and William Twining. ""There'll Always Be an England": The Instrumental Ideology of Evidence." Michigan Law Review 85, no. 5/6 (April 1987): 1204. http://dx.doi.org/10.2307/1289049.

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Baker, J. H. "English Law and the Renaissance." Cambridge Law Journal 44, no. 1 (March 1985): 46–61. http://dx.doi.org/10.1017/s0008197300114436.

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In his famous Rede lecture of 1901, Maitland posed the question why the medieval law of England survived the period when (as he said) old creeds were crumbling everywhere and Roman law was pushing German law out of Germany. Much controversy has reigned since Maitland's time not only about his conclusions and his evidence, but also about the precise gist of his question—since it is not wholly clear what assumptions he was making about the nature of the so-called “Reception” of Roman law in Europe or about the extent to which the medieval common law really did survive in England. It is not the purpose of this paper to provide yet another interpretation of Maitland, but rather to re-examine from a different viewpoint the subject which he opened.

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Khodykin, Roman. "Interaction between Russia and England in Civil Procedure." European Business Law Review 25, Issue 4 (August 1, 2014): 499–516. http://dx.doi.org/10.54648/eulr2014021.

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In civil or commercial disputes, the need sometimes arises to obtain evidence, to serve proceedings or other judicial documents, or to enforce some other judicial act in the territory of a foreign country. Not only does this article present an overview of the Russian court system and its advantages and disadvantages, it also describes in great detail the legal assistance between Russia and England and covers the service abroad of judicial and extrajudicial documents, the taking of evidence abroad as well as the enforcement of English judgments in Russia.

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Prest, Wilfrid. "Law reform and legal education in Interregnum England." Historical Research 75, no. 187 (February 1, 2002): 112–22. http://dx.doi.org/10.1111/1468-2281.00143.

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Abstract Having compounded as a delinquent for attending Charles I at Oxford, the common lawyer Sir Peter Ball (1598–1680) sought to make his peace with the Commonwealth. Ball's scheme for remodelling both the law itself and legal education at the inns of court is transcribed below, together with a covering letter forwarded to Bulstrode Whitelocke in 1649. His criticisms and positive proposals provide further evidence that the traditional mode of legal education by aural learning exercises had become widely perceived by the mid seventeenth century as both pedagogically ineffective and practically irrelevant to the training of common lawyers.

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Musson, A. "Turning king's evidence: the prosecution of crime in late medieval England." Oxford Journal of Legal Studies 19, no. 3 (September 1, 1999): 467–80. http://dx.doi.org/10.1093/ojls/19.3.467.

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Leslie, John. "Refining the System of Expert Evidence in English Civil Procedure." European Business Law Review 25, Issue 4 (August 1, 2014): 539–44. http://dx.doi.org/10.54648/eulr2014024.

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The civil procedure system in England requires the court to give permission for expert evidence to be used by a party. The expert owes an overriding duty to the interests of justice and to the court. This article considers the different forms of expert evidence (including the single, joint expert, who is shared by the parties) and the increasing degree of judicial management of such evidence.

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O'Brian, William E. "Court Scrutiny of Expert Evidence: Recent Decisions Highlight the Tensions." International Journal of Evidence & Proof 7, no. 3 (July 2003): 172–84. http://dx.doi.org/10.1177/136571270300700302.

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Recent decisions of the Courts of Appeal in England and Northern Ireland in Dallagher and O'Doherty highlight the risks of error which flow from the current lax standards of English law relating to the admission of expert evidence. Notwithstanding that in both decisions, the court purported to apply the same principles, an analysis of these cases indicates tensions in the law, and adds support to calls for the adoption of a stricter test for the admission of expert evidence.

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Choo, Andrew L. T. "Improperly obtained evidence: a reconsideration." Legal Studies 9, no. 3 (November 1989): 261–83. http://dx.doi.org/10.1111/j.1748-121x.1989.tb00650.x.

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The issue of the admissibility of improperly obtained non-confessional evidence in criminal proceedings has been the subject of considerable academic discussion. However, much of the discussion in England has been confined to an exploration of the deficiencies and internal inconsistencies of the English law in the area. In particular, the House of Lords decision in R v Sang has been subjected to intense scrutiny and criticism. Little has been written which examines the theoretical issues associated with the problem of improperly obtained evidence, with view to laying down foundations for a new approach. It is this task which I seek to undertake here. First, it will be demonstrated that the major Anglo- American legal systems have all abandoned rules ofmandatory inclusion and mandatory exclusion of improperly obtained evidence in favour of more flexible positions whereby such evidence is to be admitted in some circumstances but excluded in others. This suggests that rules of mandatory inclusion and mandatory exclusion have been perceived to be undesirable.

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Stockdale, Michael, and Adam Jackson. "Expert Evidence in Criminal Proceedings." Journal of Criminal Law 80, no. 5 (October 2016): 344–63. http://dx.doi.org/10.1177/0022018316668448.

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In its 2011 report Expert Evidence in Criminal Proceedings in England and Wales (Law Com No. 325), the Law Commission recommended that the admissibility of expert evidence in criminal proceedings should be governed by a new statutory regime comprising a new statutory reliability test in combination with codification and refinement of existing common law principles relating to ‘assistance’, ‘expertise’ and ‘impartiality’. The government declined to enact the Law Commission’s draft Bill due to a lack of certainty as to whether the additional costs incurred would be offset by savings. Instead the government invited the Criminal Procedure Rule Committee (CrimPRC) to consider amendments to the Criminal Procedure Rules (CrimPR) to introduce, as far as possible, the spirit of the Law Commission’s recommendations. The consequent amendments to CrimPR Part 33 (now CrimPR Part 19) in combination with the making of the new Practice Direction CrimPD 33A (now CrimPD 19A) by the Lord Chief Justice resulted in what he described in his 2014 Criminal Bar Association Kalisher Lecture as ‘a novel way of implementing an excellent Report’. This paper considers the possible evolution of the common law in light of these amendments, the challenges associated with adopting such a novel approach to reform and the potential opportunities for the improvement of expert evidence in criminal proceedings that the changes were intended to create.

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Mirfield, Peter. "Bad Character and the Law Commission." International Journal of Evidence & Proof 6, no. 3 (July 2002): 141–62. http://dx.doi.org/10.1177/136571270200600301.

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Report No. 273 of the Law Commission for England and Wales proposes a new scheme for the law relating to evidence of bad character in criminal trials, and no less in the case of witnesses other than the accused than in the case of the accused himself. This article broadly welcomes the governing general principles of the proposed scheme, whilst challenging the soundness of some of the terminology recommended by the Commission, as well as its conclusions on some important, albeit more specific issues.

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Ward, Alan George. "THE EVIDENCE OF ANONYMOUS WITNESSES IN CRIMINAL COURTS: NOW AND INTO THE FUTURE." Denning Law Journal 21, no. 1 (November 26, 2012): 67–92. http://dx.doi.org/10.5750/dlj.v21i1.342.

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Anonymous witness evidence, the use of which had quietly expanded in the early part of the twenty-first century in criminal courts in England and Wales, was significantly curtailed by the House of Lords in the case of R v Davis. Little over a month later the government had enacted legislation to minimise the impact of their Lordships’ ruling, yet the long-term future of this area of the criminal law of evidence remains undetermined. This article seeks to assess what impact the Criminal Evidence (Witness Anonymity) Act 2008 has had on the right to a fair trial in England and Wales and, subsequently, to weigh up the options for long-term reform in this area of the law. It will be submitted that the stated policy aim of the government, the protection of witnesses, can be achieved for the long-term without impeding or undermining the absolute right of the defendant to a fair trial.

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21

Twining, William. "Freedom of Proof and the Reform of Criminal Evidence." Israel Law Review 31, no. 1-3 (1997): 439–63. http://dx.doi.org/10.1017/s0021223700015363.

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In recent years reform of the Law of Evidence has been the subject of renewed interest in many common law countries. Since the adoption of the Federal Rules, debate about wholesale reform has been relatively muted in the United States. But this is exceptional. Major reports have been produced in Australia, New Zealand, Canada, Scotland, and England. With the exception of Canada, most of these have led, or are likely to lead, to significant legislative changes. This period of reformist activity has coincided with a greatly increased interest in theoretical aspects of evidence and proof, sometimes referred to as “The New Evidence Scholarship”. The historical origins of these two movements are rather different, but their ways of talking and thinking about the subject are, of course, intimately connected.

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Burney, Ian A. "Testing testimony: toxicology and the law of evidence in early nineteenth-century England." Studies in History and Philosophy of Science Part A 33, no. 2 (June 2002): 289–314. http://dx.doi.org/10.1016/s0039-3681(02)00002-x.

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23

Stattel, Jake A. "Legal culture in the Danelaw: a study of III Æthelred." Anglo-Saxon England 48 (December 2019): 163–203. http://dx.doi.org/10.1017/s0263675121000065.

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AbstractViking invasions and settlements left substantial legacies in late Anglo-Saxon England, attested in legal texts as a division between areas under Dena lage and those under Ængla lage. But how legal practice in Scandinavian-settled England functioned and differed from Anglo-Saxon law remains unclear. III Æthelred, the ‘Wantage Code’, provides critical evidence for legal customs being practised in the Danelaw at the close of the tenth century. An investigation into the code’s peace protections re-examines the argument for occurrences of communal liability in England before the Normans. Wantage’s restrictions on access to law and the need to ‘buy law’ suggest a departure from English conceptions of rights. Provisions on proof in legal cases, including a ‘jury’ of thegns, denote alternative measures of the truth. These analyses depict a Danelaw legal culture that reflects viking army origins, a Scandinavian preference for informal dispute-settlement (‘love’) and the concerns of a landholding Anglo-Scandinavian elite.

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Ohalehi, Paschal. "Fraud in small charities: evidence from England and Wales." Journal of Financial Crime 26, no. 1 (January 7, 2019): 211–22. http://dx.doi.org/10.1108/jfc-12-2017-0122.

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Purpose Despite the increasing awareness of fraud in organisations and the potential benefits of strong fraud management through deterrence and prevention in the UK, there remains limited research on fraud in small charities. This paper aims to examine astonishing cases of fraud in small charities whilst raising awareness of the impact of fraud and its wider implication in the charity sector. Design/methodology/approach This research used a qualitative approach amongst randomly selected 24 charity trustees with income of £0-250,000 and over £250,000. Recent statistics from fraud survey published in Annual Fraud Indicator by the National Fraud Authority and the United Kingdom Fraud Costs Measurement Committee were presented and the theory of why people commit fraud is described. Findings This paper summarises evidence that shows the frequency and severity of fraud in charities, which remains increasingly high. Furthermore, smaller charities are not immune from fraud and suffer losses due to lack of segregation of duties and weak control systems when compared to larger charities with stronger control systems and better governance structure. This paper addresses a very important topic in the charity sector. Whilst fraud and fund misappropriation receive significant media coverage in large charities, smaller charities also suffer losses occasioned by fraud even in large proportion albeit with less reporting in the media. Practical implications Charity managers and trustees will benefit from having sufficient knowledge in deterrence and prevention of charity fraud. Originality/value This is a novel research as it looks into the nature of fraud in small charities of which there is limited research both in the voluntary and fraud literature.

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Wormald, Patrick. "Anglo-Saxon Law and Scots Law." Scottish Historical Review 88, no. 2 (October 2009): 192–206. http://dx.doi.org/10.3366/e0036924109000857.

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Patrick Wormald used legal material buried deep in volume i of the Acts of the Parliaments of Scotland to argue for a comparatively maximalist view of early Scottish royal government. The paper compares this Scottish legal material to two Old English codes to show that there existed in Scotland structures of social organisation similar to that in Anglo-Saxon England and a comparable level of royal control over crime by the early eleventh century. The model of a strong judicial regime in the Anglo-Saxon kingdom, put forward fully by Wormald in volume i of The Making of English Law, suggests that the kingdom of the Scots could have been inspired by (or followed a parallel trajectory to) its Anglo-Saxon neighbour in its government's assumption of rights of amendment previously controlled by kin-groups. English influence on Scottish legal and constitutional development can therefore be seen in the tenth and eleventh centuries as much as it can in the twelfth and thirteenth centuries. The paper also suggests methods of examining the legal material in volume i of the Acts of the Parliaments of Scotland and effectively clears the way for further study of this neglected corpus of evidence.

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Wolfe, Stephen M. "The Role of Nature in New England Puritan Theology: The Case of Samuel Willard." Perichoresis 20, no. 2 (May 9, 2022): 127–42. http://dx.doi.org/10.2478/perc-2022-0013.

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Abstract This article discusses the role of nature in the theological system of New England minister Samuel Willard (1640-1707). I focus specifically on his account of theological anthropology, the relationship of nature and grace, and the moral (or natural) law, and show how each relates to his views on civil government and civil law. Willard affirmed the natural law, natural religion, and natural worship, and he acknowledged and respected pagan civic virtue and grounded civil order and social relations in nature. Willard’s theological articulations are substantively the same as those found among the ‘Reformed orthodox’ theologians of 17th century Europe, which provides evidence for the thesis that Reformed orthodoxy was a transatlantic movement. His reliance on nature also corrects scholarship on the New England Puritans, which often assumes that they rejected the Christian natural law tradition.

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GARNETT, GEORGE. "LAW IN THE VINDICIAE, CONTRA TYRANNOS: A VINDICATION." Historical Journal 49, no. 3 (September 2006): 877–91. http://dx.doi.org/10.1017/s0018246x06005553.

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Dr Anne McLaren has disputed the interpretation of the Vindiciae, contra tyrannos (1579) as a work in which Roman and canon law were fundamental. She correctly identifies Quentin Skinner and me with this interpretation. She bases her case on two sorts of evidence: the alleged paucity of Roman law citations, as compared with scriptural ones, in the margins of the original text; and our alleged failure to appreciate the ‘context’ of the Vindiciae, which, she suggests, means how it was translated and used in England, primarily in the seventeenth century. This response argues that she has seriously underestimated the number of legal citations, ignored the use of legal material which is not cited in the margins, and failed to appreciate that Scripture is interpreted in accordance with the categories and principles of Roman and canon law. It further argues that sixteenth-century France, not seventeenth-century England, is the proper ‘context’ in which to understand the book; and that substituting her assessment of English interpretations for what the original says is illegitimate.

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Leadbetter, Martin J. "Fingerprint Evidence in England and Wales – The Revised Standard." Medicine, Science and the Law 45, no. 1 (January 2005): 1–6. http://dx.doi.org/10.1258/rsmmsl.45.1.1.

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Papadopoulou, Nataly. "Dying with Assistance: The Call for an Inquiry, the Power of a declaration, the role of evidence." Medical Law Review 30, no. 1 (December 20, 2021): 81–109. http://dx.doi.org/10.1093/medlaw/fwab048.

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ABSTRACT The article analyses recent legal challenges of the prohibition of assisted suicide in England and Wales to review where we are in the debate for reform, and where we can go. The article, principally, advocates for an evidence-based new governmental inquiry. Aside the fact that this is widely-supported by various interested parties, this argument stems from the approach recently attempted by claimants in English courts in challenging the prohibition of assisted suicide, and that is, an evidence-based approach to judicial review. As this article discusses, the review of ‘the available evidence’ is unlikely to be done by English courts, but what this new legal strategy does is to send a strong message to Parliament and the government that there is a need to identify and examine the evidence. The findings of a fresh governmental inquiry, will allow Parliament to engage in a careful, informed review of the law and practice on assisted suicide and decide whether there is another way to protect the vulnerable, while respecting individual choice. The benefits of this inquiry go beyond England and Wales; an English (or indeed UK-wide) inquiry will inform discussions currently taking place elsewhere, and vice versa.

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Helmers, Christian, Yassine Lefouili, Brian J. Love, and Luke McDonagh. "The Effect of Fee Shifting on Litigation: Evidence from a Policy Innovation in Intermediate Cost Shifting." American Law and Economics Review 23, no. 1 (March 19, 2021): 56–99. http://dx.doi.org/10.1093/aler/ahab001.

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Abstract We study the effect of fee shifting rules on litigation. First, we build a model to study the theoretical effect of a change in cost-recovery rules on case filings, (postfiling) settlement, win rates, and plaintiffs’ average litigation expenditures. We then undertake an empirical analysis of the introduction of an intermediate cost shifting rule that falls between the English and American Rules: a reform that limits the size of fee awards to successful litigants in cases decided by the Intellectual Property Enterprise Court (IPEC), one of two venues where IP cases may be filed in England and Wales. Our empirical analysis takes advantage of heterogeneity among case types and compares IPEC cases with intellectual property cases litigated at the PHC of England and Wales, which was not subject to this reform. We find that patent case filings increased following the IPEC’s shift from a pure English Rule to a rule that caps costs awards. Consistent with our model’s predictions, we also find evidence that smaller plaintiffs both won less often and settled more often postreform, as well as evidence that larger plaintiffs spent less on litigation postreform.

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Heffernan, Liz, and Mark Coen. "The Reliability of Expert Evidence: Reflections on the Law Commission's Proposals for Reform." Journal of Criminal Law 73, no. 6 (December 2009): 488–507. http://dx.doi.org/10.1350/jcla.2009.73.6.603.

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The problems associated with the use of expert evidence by the criminal courts have been the subject of ongoing controversy. The Law Commission of England and Wales has recently added its voice to the debate with the publication of a Consultation Paper on the admissibility of expert evidence. This article examines the current law governing the reliability of expert evidence. It analyses the Law Commission's recommendation for the creation of a new statutory rule which would require the trial judge to assess evidentiary reliability as a matter of admissibility. The authors chart the emergence of the US Daubert test, on which the recommendation is based, and consider the lessons to be learned from American experience. While welcoming the recommendation in principle, the authors argue that the crafting and implementation of the proposed admissibility requirement would present formidable challenges.

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Klonoski, Robert. "The Case For Case Studies: Deriving Theory From Evidence." Journal of Business Case Studies (JBCS) 9, no. 3 (April 26, 2013): 261–66. http://dx.doi.org/10.19030/jbcs.v9i3.7805.

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While case studies appear frequently in business classrooms as learning exercises, they appear only infrequently in scholarly journals as an accepted basis on which to demonstrate a theory or test a hypothesis. While scholars have contributed much in recent years to improving the rigor and design of business case studies, this research approach may yet be underutilized. The academic approach to the study of law in the US and England draws heavily on the use of case studies; management scholars may benefit from an understanding of the ways in which lawyers construct, analyze, and draw lessons from cases.

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Winder, Christopher. "The cost of commercial litigation in England–A European perspective, and a look to the future." European Review of Private Law 4, Issue 4 (December 1, 1996): 339–50. http://dx.doi.org/10.54648/146741.

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Access to justice can be severely impeded by the costs of litigation. English civil litigation has developed four particular procedures which stand out as differing radically in principle and in cost from continental systems: pre-trial disclosure of documents ('discovery'), the use of oral evidence, the use of expert evidence and a plaintiff's potential liability for a successful opponent's costs. In 1994 Lord Woolf was appointed to review the rules and procedures of the civil courts in England and Wales with a view to improving access to justice and reducing the costs of litigation. His report contains proposals which, if implemented, will lead to greater court control of proceedings and thus of their related costs.

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Leon, Clare, and Tony Ward. "The Irish exclusionary rule after DPP v JC." Legal Studies 35, no. 4 (December 2015): 590–93. http://dx.doi.org/10.1111/lest.12097.

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This commentary updates the paper ‘Excluding evidence (or staying proceedings) to vindicate rights in Irish and English law’ by analysing the recent decision of the Supreme Court of Ireland in DPP v JC. It argues that although the court has relaxed the exclusionary rule in one major respect, it has strengthened it in others, and that Ireland's approach to unconstitutionally or illegally obtained evidence remains very different from that of England and Wales.

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Phillips, Lord Justice. "Challenge for Cause." Victoria University of Wellington Law Review 26, no. 3 (September 2, 1996): 479. http://dx.doi.org/10.26686/vuwlr.v26i3.6155.

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In this article, his Lordship examines the operation of juries in England and considers how the English experience may assist the New Zealand Law Commission in the reform process. His Lordship addresses three aspects: first, the implications of jury operation and selection processes; second, the role of the law of evidence in determining the guilt or innocence of an accused; third, whether juries are the appropriate finder of fact in trials concerning serious fraud. The material in this article was originally delivered as a public lecture on 27 March 1996 in the Faculty of Law.

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KENDAL, WAYNE S. "EVIDENCE FOR A FRACTAL STOCHASTIC PROCESS UNDERLYING MEASLES EPIDEMICS IN BRITAIN." Fractals 08, no. 01 (March 2000): 29–34. http://dx.doi.org/10.1142/s0218348x00000056.

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The variability in measles incidence during the pre-vaccination period of 1944 to 1966, as recorded from 366 communities in England and Wales, was examined for properties of fractal stochastic processes. The power spectral density, Fano factor, and Allan factor were computed from the incidence time-series, and all revealed power-law scaling. As well, the distribution histogram for the weekly incidence approximated a geometric distribution. These features constituted evidence for a fractal stochastic process with underlying geometric statistics at play in the development and resolution of measles epidemics.

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Chen, Max Hua. "Adoption of Clear Convincing Evidence in Hong Kong." American Journal of Trade and Policy 9, no. 2 (August 31, 2022): 71–76. http://dx.doi.org/10.18034/ajtp.v9i2.622.

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Drawing from overseas practices, namely the law in England & Wales (E&W) and the law in the United States (US), this article will critically discuss whether a higher standard of proof of ‘clear and convincing evidence (CCE) should be adopted in non-criminal proceedings in Hong Kong (HK), and if so, in what types of cases. Consequently, because the 'balance of probabilities ("BOP") and 'beyond reasonable doubt' ('BRD') standards have themselves proved to be highly complex, and jurors have found these standards even more complicated to understand, the introduction of an intermediate CCE standard would invariably lead to even more complexity and misunderstanding in the current HK evidentiary system applicable to non-criminal proceedings. This is precisely the opposite of what the HK evidentiary system needs now. Whilst a higher CCE standard of proof could in principle be adopted within HK, for instance, in cases where due process principles may potentially be invoked, unless the such standard is conceptually or empirically justified based on irreproachable evidence, it would represent an arbitrary re-allocation of evidentiary standards.

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Cox, Pamela, Susan McPherson, Claire Mason, Mary Ryan, and Vanessa Baxter. "Reducing Recurrent Care Proceedings: Building a Local Evidence Base in England." Societies 10, no. 4 (November 18, 2020): 88. http://dx.doi.org/10.3390/soc10040088.

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Recent studies of public law care proceedings within the family justice system in England and Wales suggest that up to a quarter of all mothers who appear in such proceedings will reappear within a subsequent—or recurrent—set of such proceedings within seven years. In the last decade, new interdisciplinary research spanning social work, clinical psychology and sociology has defined and investigated the previously hidden challenge and social costs of ‘recurrent care proceedings’ (RCP). This article adds to this new field by analysing the core values, practice and impact of three different local services in the northwest of England working with birth parents to reduce the risk of recurrent proceedings. The article combines data gathered from the three distinct services using a common evaluation framework co-produced by the authors working with service leads, practitioners and users. It explores how all three services are seeking to reduce the risk of recurrent care proceedings in their local areas without requiring women to use long acting reversible contraception (LARC) or other forms of contraception as a condition of accessing the service. It concludes that insights gained from these and cognate services can inform an emergent community of practice in the recurrent care field.

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Skett, Sarah, and Carine Lewis. "Development of the Offender Personality Disorder Pathway: A summary of the underpinning evidence." Probation Journal 66, no. 2 (March 20, 2019): 167–80. http://dx.doi.org/10.1177/0264550519832370.

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The Offender Personality Disorder Pathway programme is a jointly commissioned initiative between NHS England and Her Majesty’s Prison & Probation Service (HMPPS), the aim of which is to provide a pathway of psychologically informed services for offenders who are likely to be diagnosed with personality disorder. This paper aims to describe the underpinning evidence behind the principles and expectations of services that make up the OPD pathway programme. Evidence of personality disorder treatments from mental health settings, as well as the evidence base from the criminal justice system and the Ministry of Justice’s ‘What Works?’ literature, is considered and draws together the evidence underlying critical elements of the programme. Research shows that there is no one treatment shown to be successful for the treatment of personality disorder. As such, a holistic approach is taken, with key components including trauma-informed approaches, a focus on relationship building, early identification and sentence planning, and the importance of workforce development and relationships.

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Doak, Jonathan, and Rebecca Huxley-Binns. "Anonymous Witnesses in England and Wales: Charting a Course from Strasbourg?" Journal of Criminal Law 73, no. 6 (December 2009): 508–29. http://dx.doi.org/10.1350/jcla.2009.73.6.604.

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The use of anonymous testimony in England and Wales has recently been the subject of a number of high-profile appellate decisions and legislative intervention. As the law currently stands, it is permissible for the criminal courts to receive such testimony, subject to certain safeguards. This article evaluates the position against the threshold for anonymous evidence laid down by the European Court of Human Rights. It is argued that such evidence is too readily admissible under the current legislative framework. As such, the rules regulating the use of anonymous testimony should be amended so that they comply fully with the fair trial rights of the accused.

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Kuczyńska, Hanna. "Better to Explain or to Testify? The Position of the Accused as a Source of Oral Evidence in a Criminal Trial in a Comparative Perspective." Comparative Law Review 27 (December 22, 2021): 47–77. http://dx.doi.org/10.12775/clr.2021.002.

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In this article the position of the accused as a source of personal evidence in three different European legal systems: Poland, Germany, and England, will be presented. This analysis will be oriented to understand the way of functioning of the two different models of giving statements of fact by the accused at a criminal trial. The main difference is that in the common law model of criminal trial the accused may only present evidence by testifying as a witness speaking about what happened, whereas in the continental model the accused gives a specific personal type of evidence (that in the Anglo-Saxon literature is rather described as “oral evidence”) that is known as explanations. From this differentiation several consequences arise: among others, the possibility of presenting untruthful explanations and presenting many versions of events in the continental model which have to be assessed by the judges. At the same time, the same right of the accused to silence and not to give incriminating evidence applies in both models of criminal trial – however, in two different shapes and with different types of limitations.

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MacQueen, Hector L. "Mixing It? Comparative Law In The Scottish Courts." European Review of Private Law 11, Issue 6/6 (December 1, 2003): 735–53. http://dx.doi.org/10.54648/erpl2003047.

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Abstract: The second contribution to the symposium held at Ghent focuses on the experience of Scotland as a mixed legal system. While one might expect such a system to be comparative in its approach, the author shows that there is little evidence to be found in the Courts. Referring to two previous statistics he produces his own table to show that cited foreign case law by and large stems from other Anglophone countries, notably England. He arrives at the conclusion that, with the exception of the ECHR, other foreign decisions are virtually absent from citations in Scottish Courts. After discussing some of the foreign decisions he points out that the significance of comparative law cannot be measured by the analysis of citations alone.

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George, Rob, and James Netto. "Concurrent Convention and Non-Convention Cases: Child Abduction in England and Wales." Laws 12, no. 4 (August 7, 2023): 70. http://dx.doi.org/10.3390/laws12040070.

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The courts of England and Wales permit applicants in 1980 Hague Convention child abduction proceedings also to bring concurrent applications for the return of the child to their state of habitual residence based on a summary welfare assessment, which can be issued and heard alongside the Hague application. Given the different nature of these two applications, having them heard concurrently raises a number of challenges for the parties in terms of the evidence required and for the court in terms of the analytical process being undertaken. This article explores the nature of the two applications, the reasons why they might be brought concurrently, and the challenges that can arise in such cases.

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Ugwudike, Pamela, and Gemma Morgan. "Bridging the gap between research and frontline youth justice practice." Criminology & Criminal Justice 19, no. 2 (January 22, 2018): 232–53. http://dx.doi.org/10.1177/1748895817753509.

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Although the Risk, Need, Responsivity model of rehabilitation is rooted in a substantial body of research evidence, several studies of the model’s efficacy in youth and adult justice settings within England and Wales have revealed modest outcomes. In this article, we contend that the findings do not necessarily reflect deficits in the model. Rather, a growing corpus of research now indicates that poor practice integrity or inadequate implementation of the model’s principles is a key but under-researched factor that undermines the efficacy of interventions based on the model. We also present the findings of a study that explored applications of the model in three Welsh youth justice services and we examine possible means of bridging the gap between research evidence and real-world practice.

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Redmayne, Mike. "Myths, Relationships and Coincidences: The New Problems of Sexual History." International Journal of Evidence & Proof 7, no. 2 (March 2003): 75–101. http://dx.doi.org/10.1177/136571270300700201.

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This article reviews recent developments in the law governing the admissibility of sexual history evidence in England and Wales. After the decision of the House of Lords in R v A (No. 2), the law reflects a consensus that the complainant's sexual history with third parties is generally irrelevant to the issue of consent in rape trials. In the first part of this article, the justifications for this conclusion are questioned; it is suggested that the relevance of sexual history is a more complex issue than it is usually acknowledged to be. The second part of the article uses points made in the first to question the way in which concepts drawn from the law on similar fact evidence have been used as the admissibility framework for sexual history. Aspects of the decision in R v A are examined in detail.

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Bullock, Karen, Aiden Sidebottom, Rachel Armitage, Matthew P. J. Ashby, Caitlin Clemmow, Stuart Kirby, Gloria Laycock, and Nick Tilley. "Forty years of problem-oriented policing: A review of progress in England and Wales." Policing: A Journal of Policy and Practice 15, no. 4 (December 1, 2021): 2001–14. http://dx.doi.org/10.1093/police/paab067.

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Abstract This article analyses and critically reflects on the position of problem-oriented policing within England and Wales. Problem-oriented policing is a framework for improving police effectiveness. Its adoption has consistently been shown to be associated with sizable reductions in a wide range of crimes and public safety issues. However, many studies also find that problem-oriented policing is difficult to embed and sustain within police organisations. This article draws on the experiences and perspectives of 86 informed stakeholders to critically examine the position and practice of problem-oriented policing 40 years after its original formulation by Herman Goldstein in 1979. We argue that despite evidence of renewed interest in problem-oriented policing, the approach is not habitually conducted within police organisations in England and Wales. Where it is conducted, the practice of problem-oriented policing is found to lack discipline, the processes tend not to be faithfully followed, and there are weaknesses at all stages of the process. Implications of the findings for future research and police practice are discussed.

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Abrams, Laura S., Lisa Moreno, and Timo Harrikari. "The Voluntary Sector Role in Youth and Young Adult Justice Services: A Comparative Case Study of Finland and England/Wales." Youth Justice 19, no. 3 (November 10, 2019): 278–98. http://dx.doi.org/10.1177/1473225419886932.

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This comparative case study investigates the voluntary sector interface with criminal justice systems for youth and young adults in England/Wales and Finland. Methods included document review and stakeholder interviews. Across cases, key differences were found in the training of corrections and probation officers, funding sources and structures, and use of actuarial models and evidence. The organization of these relationships was also different for youth and young adult services, particularly in England/Wales where clear lines are drawn between age groups. The results contribute to an understanding of how system-level factors can drive relationships between the voluntary and criminal justice sectors.

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Wei, Amy Wen, Milo Molfa, Adam Grant, and Paul Kleist. "Challenges in the Taking of Evidence in Arbitrations Seated in Mainland China." Journal of International Arbitration 36, Issue 3 (June 1, 2019): 315–36. http://dx.doi.org/10.54648/joia2019015.

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Arbitration is often hampered by obstacles to the taking of evidence, either because one party fails to produce relevant documents when requested or the documents are held by a third party outside the tribunal’s powers. Parties engaged in arbitration seated in Mainland China are constrained by the Chinese state court’s limited powers to assist in evidence taking. This article considers the wider scope of options for the taking of evidence in arbitrations seated in Mainland China. The first port of call may be to seek an order from the arbitral tribunal to impose sanctions within the arbitration, such as adverse inferences or adverse cost orders. If the arbitral tribunal cannot compel the recalcitrant party or a third party to produce documents or other evidence, the party may seek assistance from the court at the arbitral seat or a foreign court connected to the arbitration. This article compares the options for state court assistance in evidence taking available in the state courts of Mainland China, England and Wales, Hong Kong, and the United States. Practitioners should be aware that the powers of state courts to assist in evidence taking in international arbitration varies widely between these jurisdictions, from allowing only orders for preservation of key evidence in Mainland China to wide-ranging discovery from third parties by way of Section 1782 applications in the Unitead States.

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Cossins, Annie. "Expert Witness Evidence in Sexual Assault Trials: Questions, Answers and Law Reform in Australia and England." International Journal of Evidence & Proof 17, no. 1 (January 2013): 74–113. http://dx.doi.org/10.1350/ijep.2013.17.1.419.

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Hunter, Gillian, Tiggey May, and Mike Hough. "Are the police embracing evidence-informed practice? A view from England and Wales." Policing and Society 29, no. 3 (December 13, 2018): 251–65. http://dx.doi.org/10.1080/10439463.2018.1557180.

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Journal articles on the topic 'Evidence (law) – england'

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