Book Review: Principles of Evidence
| Published date | 01 September 1982 |
| DOI | 10.1177/000486588201500311 |
| Date | 01 September 1982 |
| Subject Matter | Book Reviews |
188 BOOK
REVIEWS
(1982) 15 ANZJ Crim
The
second section of this book takes an historical view of illegal
enterprise
and
homicide.
Haller
discusses
the
relationship
between
illegal
enterprise
and criminal
law and
attempts
to show that consideration of broad socio-political factors has more
pertinent
implications for effective control over these activities than does
mere
analysis of
the
criminal law. Two papers are devoted to analyses of homicide in
the
nineteenth
and
twentieth
centuries, with Zahn's discussion of methodological
difficulties in analysing crime trends over time being particularly worthwhile.
In
the
third
section of the book
the
contributors take an historical view of criminal
law and criminal policy. Duesterberg's analysis of
the
relationship
between
broad
political change
and
reform in France's criminal justice system in
the
nineteenth
century
point to
the
political limitations which may inhibit or
promote
criminaljustice
policy.
Other
papers
examine
the
history of juvenile justice policy in
the
United
States, gaming legislation in Britain from
the
period of
the
Restoration to
the
present,
and historical analyses of prostitution in
the
United States, Italy,
and
France. A
common
thread
running
through all of
these
papers is
the
notion
that
such historical
analyses can illuminate lessons which could guide modern policy makers.
A final set of essays is devoted to
the
administration of criminal justice legislation
and
policy. Richardson's
paper
on
the
functions of American
urban
police,
their
modes of control,
and
how these have changed over time makes interesting reading
but
leaves
the
reader
dissatisfied because it is obvious that
much
more
needs
to be
said. Klockars' comparison of the
modern
"sting" operation and
the
intriguing
career
ofJonathon Wild, an
eighteenth
century
figure who combined
the
role of"ThiefTaker
General"
and
fence makes entertaining reading,
but
also alerts
the
reader
to some of
the
implications of unusual law enforcement operations. A
paper
by
Hahn
on
the
history of women's prisons and
another
by Rothman on prison reform
round
out
the
volume.
Overall
the
contributions in this book show what an interesting and potentially
useful area of inquiry may be carved
out
by historical analysts of crime.
For
the
most
part,
the
many methodological and data collection problems
are
openly
addressed.
Although
these
may, in
the
final analysis, prove alimiting factor on
the
extent
to
which historical studies can provide data relevant to today's policy makers, this
volume illustrates
that
such studies can provide a new perspective on some
perennial
problems.
GRANT
WARDLAW
Canberra
Principles
of
Evidence.
F Bates, 2nd Edition, Law Book Co (1980) cloth $15 limp $10
The
aim of Principles
of
Evidence is, as stated by
the
publishers, to
"present
the
law of evidence in a reasonable compass -emphasizing principle
and
yet pointing
to areas of difficulty". Frank Bates, Reader in Law at
the
University of Tasmania, has
achieved this aim in producing a slim volume of 196 pages.
Thirteen
chapters deal
variously with
the
province and function of
the
law of evidence
and
the
functions of
judge
and
jury;
the
burden
and standard of proof; presumptions
and
corroboration;
competence
and
compellability of witnesses; examination of witnesses; privilege
and
the
rule against hearsay; opinion evidence; evidence relating to character; estoppel,
and
documentary
evidence. Each
chapter
commences with an outline of
the
principles to be applied,
then
goes on to discuss difficulties arising in
the
practical
application of those principles.
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