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Essay / Research Paper Abstract
This 14 page paper is written as a petition to the Scottish Parliament to change the laws of evidence related to oral evidence. The petition argues that written evidence should be acceptable form witnesses and that written statement should be allowed as memory aids, under certain circumstances, to aid accuracy of information given to the court. The bibliography cites 21 sources.
Page Count:
14 pages (~225 words per page)
File: TS14_TElawpet.rtf
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Unformatted sample text from the term paper:
this Form of Evidence We, the undersigned, declare that. The current rules that relate to the use of orality as a form of evidence underline the purpose of the court
system. The usual role of the court system is determine the truth. The rules of evidence have been designed to support this goal. The argument is that the emphasis on
orality should be reduced, and increase use of written witness statements should be allowed, increasing efficiency and expediency whilst adding to accuracy of cases. This should be undertaken with an
independent third party who may be seen as a party more resembling an inquisitor, as may be found in the inquisitorial system. The way oral evidence is given should also
be more flexible in the interests of truth, such as the ability of witnesses to read from notes made at the time of the incident to refresh their memory where
appropriate. These are proposed to increase the accuracy of trials and help prevent miscarriages of justice. The current system of the adversarial
approach embodies the separation of the powers and seeks to ensure both parties, the prosecution and the defence, to an action may be heard. The opposite to this is an
inquisition system, where there are not different sides, but the aim of finding the truth. Although this has many advantages, the system is such that the cultural change would be
too great on a court system that is slow to change. This would also mean that the role of the judges would change form that of independent arbiters, impatience and
guiding the juries on the law., to inquisitors and active participants. This is seen as unreasonable in partial terms. However, it is with this model in mind that the way
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