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Borderlines in Private Law

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The Evidence of Children 2nd ed

John SpencerReader in Common Law, University of Cambridge and Fellow of Selwyn College, Cambridge, Rhona FlinReader in Applied Psychology, The Robert Gordon University, Aberdeen

ISBN13: 9781854312181
ISBN: 1854312189
Published: November 1993
Publisher: Oxford University Press
Country of Publication: UK
Format: Paperback
Price: £49.99



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This is an account of the civil and criminal rules affecting children in England, Scotland and Northern Ireland reviewing them in the light of the findings of psychologists and social scientists and makes proposals for reform. There have been many important developments which include hearsay evidence which has become freely available in civil proceedings involving children in both England and Scotland; videotapes of earlier interviews which have become admissible in criminal proceedings in England; in Scotland the law has been changed to allow the whole of a child's evidence in a criminal case to be taken ahead of trial on commission; there has been a wave of popular concern about ""ritual abuse"" amd among psychologists there is increasing concern about both ""repressed"" and ""implanted"" memories.

Contents:
An outline of the English and Scottich legal systems; the concept of evidence; the competency requirement; the accusatorial system; the rule against hearsay; videotapes; corroboration; expert assistance; a criticism of the basic rules of evidence; a review of the psychological evidence; investigative interviews with children; stress; the evidence of children in other legal systems; proposals for reform.