Tuesday, May 18, 2010

Book Review

Bernard Robertson, "Comparative Criminal Process", [2010] New Zealand Law Journal 122 (book review):

[Mirjan Damaska's] career is celebrated in a collection of essays edited by John Jackson, Maximo Langer and Peter Tillers Crime, Procedure and Evidence in a Comparative and International Context (Hart Publishing, 2008).

Like all such books of essays, the book covers a range of subject matter, not all of which may be of interest to all readers. It is, however, quite common for evidence to be taught by academics also interested in criminal law and procedure and even criminal justice issues, since the boundaries between these subjects can be porous. All such academics will want access to this book, at least in their libraries.

[snip, snip]

It can readily be seen, then, that this book contains much that touches on current debates in New Zealand and in particular will be of interest to those engaged in reviewing the performance of the Evidence Act 2006. That Act is causing fundamental questions to do with the meaning of relevance and prejudice to appear in court in a way that they did not when these principles were unstated. Each of the papers also serves as a good signpost to other writing in the same area. Honours and Masters students studying evidence or criminal procedure should be reading the relevant papers in this book. Likewise, advanced level comparative law students should be contemplating whether comparative method is useful in these areas of law, rather than just in the traditional subjects of contract and property law.

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The dynamic evidence page

It's here: the law of evidence on Spindle Law. See also this post and this post.

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