Preview

Hearsay in Civil and Criminal Cases: The Law Reform Commission‘s Role 

Best Essays
Open Document
Open Document
73885 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Hearsay in Civil and Criminal Cases: The Law Reform Commission‘s Role 
ConSuLTATIon PAPeR

Hearsay in Civil and Criminal Cases

(LRC CP 60 – 2010)

CONSULTATION PAPER

HEARSAY IN CIVIL AND CRIMINAL CASES
(LRC CP 60 - 2010)
© COPYRIGHT

Law Reform Commission
FIRST PUBLISHED

March 2010 ISSN 1393-3140

THE LAW REFORM COMMISSION‘S ROLE The Law Reform Commission is an independent statutory body established by the Law Reform Commission Act 1975. The Commission‘s principal role is to keep the law under review and to make proposals for reform, in particular by recommending the enactment of legislation to clarify and modernise the law. Since it was established, the Commission has published over 150 documents (Consultation Papers and Reports) containing proposals for law reform and these are all available at www.lawreform.ie. Most of these proposals have led to reforming legislation. The Commission‘s role is carried out primarily under a Programme of Law Reform. Its Third Programme of Law Reform 2008-2014 was prepared by the Commission following broad consultation and discussion. In accordance with the 1975 Act, it was approved by the Government in December 2007 and placed before both Houses of the Oireachtas. The Commission also works on specific matters referred to it by the Attorney General under the 1975 Act. Since 2006, the Commission‘s role includes two other areas of activity, Statute Law Restatement and the Legislation Directory. Statute Law Restatement involves the administrative consolidation of all amendments to an Act into a single text, making legislation more accessible. Under the Statute Law (Restatement) Act 2002, where this text is certified by the Attorney General it can be relied on as evidence of the law in question. The Legislation Directory - previously called the Chronological Tables of the Statutes - is a searchable annotated guide to legislative changes. After the Commission took over responsibility for this important resource, it decided to change the name to Legislation Directory to indicate its

You May Also Find These Documents Helpful

  • Satisfactory Essays

    Civil law deals with the definition and enforcement of all public and private rights. Whereas criminal law defines and governs the actions that constitute crimes. Criminal law has to do with wrongful actions committed against society for which society demands redress.…

    • 872 Words
    • 3 Pages
    Satisfactory Essays
  • Good Essays

    Discuss the presentation of the legal establishment in Act One Scene 2 and elsewhere in the play…

    • 857 Words
    • 3 Pages
    Good Essays
  • Good Essays

    In this essay i will be writing and explaining how spoken language is used and adapted to influence the jury in the closing argument that convicted Louise Woodward. The prosecutor uses a variety of features in this argument to convince the jury persecute Louse Woodward. I will be going through these techniques and explaining why he uses them to influence the jury.…

    • 902 Words
    • 4 Pages
    Good Essays
  • Good Essays

    In order for law to be effective in delivering just outcomes to the accused involved in legal altercations, it is imperative that the legal system follows proper protocols when presenting evidence and limits media influences which can persuade society’s perspectives. However, in regards to the Gordon Wood case, the judicial system has been ineffective in achieving this as the evidence used to charge Wood was circumstantial and due to the media’s coverage, Wood is treated as guilty regardless of his exoneration. Wood appealed his seventeen year sentence in 2012 due to the evidence presented in 2008 to charge him was deemed circumstantial and poorly documented. The entirety of the appeal was based on the standing that suicide could not be ruled out as a case of death and therefore, the prosecution was unable to prove beyond reasonable doubt that Wood is guilty of murder.…

    • 1048 Words
    • 5 Pages
    Good Essays
  • Satisfactory Essays

    Chapter 5 describes how, within the last century, mounting scholarly evidence has exposed institutional flaws within our judicial and police systems, resulting in the convictions of innocent persons for capital crimes. In some cases, overzealous behavior by police and prosecutors, led to the imprisonment of “factually” innocent defendants. While police sometimes coerced confessions or failed to conduct full investigations, prosectors and judges failed to evidence which might exonerate the defendant. Other judicial violations found through study included failure to follow courtroom procedures related to rule of law. One of the first wrongful conviction initiatives was through a congressional investigation in 1912. Although a noble undertaking for its time, the reports was flawed in its evidentiary compilation. The data was poorly collected and its findings poorly deduced. According to the report, no innocent person had been executed by the Federal government.…

    • 509 Words
    • 3 Pages
    Satisfactory Essays
  • Better Essays

    Unit 142 Nvq3

    • 1089 Words
    • 5 Pages

    Legislation is a law that has been passed by a legislative body such as parliament. The legislation framework is one that is used by all professionals when working with or alongside children and families.…

    • 1089 Words
    • 5 Pages
    Better Essays
  • Satisfactory Essays

    It is the requirement of the organisation to adhere to relevant legislation and to form their policies and procedures in respect of new legislation changes .e.g. Equality act 2010 is a fairly new act so necessary that it must be reflected in the organisation’s policies and procedures.…

    • 377 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    In chapter seven, we read about the use of hearsay in the courtroom. What is conspiracy? Conspiracy is an agreement by two or more people to commit an illegal act (Anderson & Gardner, 2013, p. 179). Most people now days would rather pay someone to commit the crime for them, so that it won’t come back on them, but that doesn’t work. What is hearsay? Hearsay is the second-hand testimony; reports by one person about what another person said (Anderson & Gardner, 2013, p. 180). It states that Rule 801(c) of the Federal Rules of Evidence defines hearsay: “Hearsay’ is a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted.” The Rule 801(c) elements of hearsay are thus: 1. a statement, which can be verbal, written, or assertive conduct; 2. Made by an out-of-court declarant; 3. Offered to prove the truth of the matter asserted (Anderson & Gardner, 2013, p. 180). A declarant is a person who makes a statement, either in or out of court (Anderson & Gardner, 2013, p. 180). The co-conspirator rule is the Federal Rule of Evidence 801(d) (2) (E) provides that statements made by a co-conspirator during and in furtherance of the conspiracy are not hearsay. The justification of this rule is that parties in a conspiracy are essentially partners, and an admission by one partner is fairly attributable to the other partners (Anderson & Gardner, 2013, p. 185). It is also stated that most courts have held that statements by co-conspirators are not “testimonial,” and thus are not subject to the Confrontation Clause’s requirement that the defendant have an opportunity to confront and cross-examine the person who made the statement (Anderson & Gardner, 2013, p. 185).…

    • 625 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    Assignment 206

    • 281 Words
    • 2 Pages

    It is the requirement of the organisation to adhere to relevant legislation and to form their policies and procedures in respect of new legislation changes .e.g. Equality act 2010 is a fairly new act so necessary that it must be reflected in the organisation’s policies and procedures.…

    • 281 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Unit 3

    • 2740 Words
    • 11 Pages

    E1/E2- Five pieces of current legislation are, Children Act 2004, Human Rights Act 2000, UNCRC 1998, Equality Act 2006 and Protection of data act 1999.…

    • 2740 Words
    • 11 Pages
    Good Essays
  • Powerful Essays

    The Hearsay Rule

    • 992 Words
    • 4 Pages

    Hearsay is an out of court statement offered in court to prove the truth of the matter asserted. The Hearsay Rule was developed in order to prevent unreliable testimony from being admitted in court and misleading the jury. Hearsay was considered unreliable because it was not given under oath, cannot be heard and observed by the jury, and cannot be cross-examined. Being crossed examined allows the court and jury to assess the declarant’s ability to perceive initially, remember accurately, and narrate correctly the event that occurred. Hearsay can be seen as a violation of the defendant’s Sixth…

    • 992 Words
    • 4 Pages
    Powerful Essays
  • Powerful Essays

    1. Adjudicatory Hearing – The Criminal Justice Today textbook defines the term adjudicatory hearing as “the fact-finding process by which the juvenile court determines whether there is sufficient evidence to sustain the allegations in a petition” (Schmalleger 510). These types of trials are designated for juveniles, which are similar in nature to adult trials, with notable exceptions. Similarities derive from the fact that the due process rights of children and adults are essentially the same. Essentially, it is a trial process in which a court determines whether or not the allegations contained in a petition are supported by evidence. It is also known as the legal process for resolving some legal dispute and a hearing may be held by a court…

    • 2064 Words
    • 9 Pages
    Powerful Essays
  • Good Essays

    Any changes that have been made in the law since the last handbook was written…

    • 1033 Words
    • 5 Pages
    Good Essays
  • Best Essays

    Wrongful Convictions

    • 3814 Words
    • 16 Pages

    A lot of research has been carried out in the area of wrongful convictions in the past few years, reflecting the increasing concern for authentic justice in the criminal justice system. Criminal procedure experts do not seem to have been involved in actual dialogue with criminologists in…

    • 3814 Words
    • 16 Pages
    Best Essays