Competence and compellability of witnesses essay. The Competence and Compellability of Witnesses 2019-02-20

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COMPETENCE AND COMPELLABILITY: IS CHILD EVIDENCE ADMISSIBLE?

competence and compellability of witnesses essay

More coursework: Criminal evidence student 183246 Criminal Evidence Student 183246 Question 1 Introduction This assignment considers the law respecting the competence and compellability of spouses in criminal proceedings and whether subsequent reform regarding the compellabilty of the spouse is justified. Compellability on the other hands deals with the question whether as a matter of law, witnesses can be obliged to give evidence when they do not wish to do so but there are some circumstances in which competent witnesses cannot be obliged to give evidence against their will. Answer: The hearsay ruling, one of the biggest exclusionary rules in the law relating to evidence, has often been criticised. Consequently the police were generally then reluctant to intervene between married partners, which in turn only served to further discourage the criminal law from having a proactive role in domestic violence. When she takes the oath she is waiving her right to refuse evidence. This threat to the victim is often counter productive, as all the woman is trying to do is protect herself from further violence, where if it boils down to a short stint in prison or the prospect of serious injury who can hold her reprehensible for her choice.

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Competence and compellability of witnesses Essay Example for Free

competence and compellability of witnesses essay

Social experience - participation in various social interactions 2. How can you advance your career, you need to develop new skills and improve you already have. However it is also contempt of court for a witness to refuse without lawful authority to answer questions put to him. Comprised of six factors 1. Appropriate disclosure - being sensitive to amount and type of. Reasons for this position may have been that the wife could suffer serious social and economic difficulties if she were compelled to testify.

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COMPETENCE AND COMPELLABILITY: IS CHILD EVIDENCE ADMISSIBLE

competence and compellability of witnesses essay

Conversely it may also put the witness spouse at risk of threat or injury from the accused that may not understand or even care that the witness did not have a choice. Privileges enjoyed by certain classes of witnesses. However, they usually lack the experience to apply this learned theory. There are those who support it and those who see little relevance in. Answer: This assignment considers the law respecting the competence and compellability of spouses in criminal proceedings and whether subsequent reform regarding the compellabilty of the spouse is justified The suitability of the law. These skills are cognitively demanding but not related to context. While chapter four sheds light on issues relating to compellability of a child witness and the effect of compelling an incompetent child witness.

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Criminal Evidence Student 183246

competence and compellability of witnesses essay

The rape of an elderly woman is just as heinous as the rape of a child of 15 years as both are in a vulnerable and defenceless position. And competence to play an important role in both your life and your professional development. The judge may exercise his discretion to warn the potential witness in the absence of the jury. Compellability on the other hands deals with the question whether as a matter of law, witnesses can be obliged to give evidence when they do not wish to do so but there are some circumstances in which competent witnesses cannot be obliged to give evidence against their will. At Common Law, it is not all evidence given in court that may be held admissible, for instance before a child can give evidence which will be admitted, such child must be and compellable witness. It became clear that spouses were not being afforded the equivalent protection as that for cohabittees who were always compellable for the prosecution. This practice was laid down in R v Acaster 1912 7 Cr App R 187.

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COMPETENCE AND COMPELLABILITY: IS CHILD EVIDENCE ADMISSIBLE?

competence and compellability of witnesses essay

There were however exceptions to the rule of compellability, where violence against the spouse personally or children under 16 years of the household, would in that case then make her compellable for the prosecution. A witness is competent where he can be lawfully called to give evidence, and is compellable if he has a legal obligation to. However it is also contempt of court for a witness to refuse without lawful authority to answer questions put to him. The meaning, general principles, importance, provisions of the Evidence Act as well as the exceptions to the general rule in Section 155 1 of the Evidence Act2 would be examined. We are based in Hulme near to the Manchester University campus. The long essay would also appraise and analyze the role of and what should be the role of the courts in ensuring that the evidence of a child is credible enough to be admitted and the conditions.

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COMPETENCE AND COMPELLABILITY: IS CHILD EVIDENCE ADMISSIBLE

competence and compellability of witnesses essay

In law, every person is a competent witness in any judicial proceeding unless otherwise prevented by the law. The warning would be given before the person would take the oath. National court must enforce arbitration agreement and awards, it will do so only if the arbitral tribunal has jurisdiction. Edgerton is an anthropologist with interests in psychological and medical anthropology. You cannot afford to turn in your project past the deadline.

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The Competence and Compellability of Witnesses

competence and compellability of witnesses essay

How these students can best learn these skills is a topic that has come under considerable debate. With the study guides and notes written by fellow students, you are guaranteed to be properly prepared for your exams. In Hymes view, linguistic competence or knowledge about language forms could not account for the social and functional rules of language. Communication Competence Communication competence is the ability to choose a communication behavior that is both appropriate and effective for a given situation. Knowledge simply means knowing what behavior is best suited for a given situation.

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COMPETENCE AND COMPELLABILITY: IS CHILD EVIDENCE ADMISSIBLE?

competence and compellability of witnesses essay

Chapter two gives an insight as to the elements of the topic by explaining what Competency and Compellability of a witness imply. He then turned his attention to studies of deviant behavior Alone Together and mental illness Changing Perspectives in Mental Illness with S. So if you have any questions or need help using the site, please do. You will never be truly effective and happy, untildo absolutely what you are talented, and from which we get the kind of results you want and deserve the money you deserve. The article, Coaching for competence, gives one example of how to foster critical thinking skills in novice nurses as well as establish a culture that would help its entire staff to grow and excel together. However, it is not every competent witness that is compellable in court.

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Competence and Compellability Essay

competence and compellability of witnesses essay

Under the Act the spouse would be compellable with regard to the charge of violence but not for the stolen goods as there would be no compellability on that matter. Chapter one is on the general introduction which includes background of the study, objectives of the study, focus of study, scope of study, research methodology adopted, and review of related literatures as well as definition of terms having peculiar meaning. And every compellable witness is a competent witness as the court will not compel anyone to give evidence, if he is incompetent to do so. Answer: As a general proposition, the rule in relation to criminal trials is that opinion evidence is inadmissible; a witness may only testify with regard to facts which he actually perceived and not. Exceptions for a person not to give evidence.

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The Competence and Compellability of Witnesses

competence and compellability of witnesses essay

His early work was focused on individual adaptation to differing ecological conditions on the one hand and mental retardation on the other. In law, every person is a competent witness in any judicial proceeding unless otherwise prevented by the law. While chapter four sheds light on issues relating to compellability of a child witness and the effect of compelling an incompetent child witness. A witness is competent where he can be lawfully called to give evidence, and is compellable if he has a legal obligation to. Going to school or study at university does not guarantee competence.

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