Coke upon Littleton 1628 , section 6b where it is stated that 'husband and wife are looked upon as one flesh and that their giving of evidence against one another would lead to implacable discord and dissension and might be the means of great inconvenience. We know that most become overwhelmed with multiple tasks and not able to prioritize with critical thinking in a fast pace acute hospital. 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. 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. The lesser evil then would be to retain the list of specified offences but it would still be possible to broaden the scope of the victims with regard to the sexual offences category.
Determining the type of message by identifying the details of evaluation and selecting the key information from authentic texts spoken clearly and at a normal speed. However it is also against natural justice to compel a witness who is then endangered without any offer of protection or support. Each of us is qualified to a high level in our area of expertise, and we can write you a fully researched, fully referenced complete original answer to your essay question. 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. Competence is not so simple. Under theses circumstances they recommended that she be competent in all cases unless she herself was also on trial.
Knowledge simply means knowing what behavior is best suited for a given situation. Throughout his career, he has maintained an interest in the community adaptation of persons with mild mental retardation. Edgerton is an anthropologist with interests in psychological and medical anthropology. 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. Since the accused was incompetent to testify because of his interests in the trial, the law followed the logic that this extended the rule to the spouse who would then be unable to testify against her husband. The project study is well-researched for academic purposes and are usually provided in complete chapters with adequate References. She was found to have sustained two stab wounds in the chest, a 9 centimetre cut from the temple to the right ear, smaller cuts to her right lip and chin and a 4 ½ centimetre cut on her forearm.
The contents of the projects should be able to help you in generating new ideas and thoughts for your own project. His interests in mental retardation led to books such as The Cloak of Competence, which will be analyzed in this paper and Lives in Process. Simply select your department, choose from our list of topics available and explore your data Why Students Love to Use E-Project Material? You cannot afford to turn in your project past the deadline. The law viewed married couples as a single unit where the wife's legal identity and interest was included with that of the husband. Appropriate disclosure - being sensitive to amount and type of. 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. We can handle just about any deadline you send our way.
Chapter two dwells on the definitions and principles relating to competence and compellability, the provisions of the Evidence Act thereon and the exceptions to the general rule. Thus it was held, by majority, with Lord Edmunds dissenting , that the woman was not a compellable witness, despite the fact that it was thought that a wife was compellable at the existing common law, where a husband was charged with violence against her person. Exceptions for a person not to give evidence. 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. Lastly, chapter five summarizes the findings of the research and made far reaching recommendations were offered as a forward It is strongly believed that if recommendations made herein are taken seriously and reflected in proposed amendment to the Act, the would go along way in improving the state of the law in that direction.
Sorry, but copying text is forbidden on this website! This interest continues, as does his concern with the impact of cultural relativism on cultural theory, best seen in Sick Societies: Challenging the Myth of Primitive Harmony, published in 1992. On the other hand it could be said that the compellability of a wife to testify against her husband may have been objectionable from the view of the judiciary who were in any event predominantly male. This practice was laid down in R v Acaster 1912 7 Cr App R 187. National court must enforce arbitration agreement and awards, it will do so only if the arbitral tribunal has jurisdiction. More importantly, the long essay examines the effects and defects of wrongfully admitting evidence by a child in court. 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.
Conclusion To conclude, in the light of Hoskyn the subsequent reform of the law relating to spouse compellability maybe justifiable, even if from a utilitarian standpoint as violent criminals need to be brought to justice where incompetence and non- compellability would otherwise serve as obstacles to the truth. Guaranteed Delivery Getting your project delivered on time is essential. It is hoped that the reader of the long essay would on careful perusal of the essay appreciate the competence of a child in law. Comprised of six factors 1. Chapter one of the long essay which is introductory explains the objectives, focus, extent and limitation of the study as well as the methodology employed in carrying out the research. This applies only to cases where the couple are charged with the same offences and not where they are tried in the same proceedings for different offences, where the spouse would be competent where they were charged with different offences.
The essay would also explain who a child is in law, the testimony of such a child in civil and criminal proceedings as well as the conditions for the admissibility of such evidence. Chapter one of the long essay which is introductory explains the objectives, focus, extent and limitation of the study as well as the methodology employed in carrying out the research. Despite these appalling injuries the concept of privacy of the family were to have precedence over the spouse who as an individual should have had the basic right to protection. In law, every person is a competent witness in any judicial proceeding unless otherwise prevented by the law. In recent years, he has developed an interest in how people cope with the stresses of warfare, a focus that has led to several books Like Lions They Fought, Mau Mau, The End of the Asante Empire, Warriors of the Rising Sun, Death or Glory, and Warrior Women and Hidden Heroism. Answer: To be compellable, a witness must first be competent.
However it is also contempt of court for a witness to refuse without lawful authority to answer questions put to him. In chapter three the long essay considers who a child is in law and the conditions for the admissibility of his testimonies. Our work is high quality, plagiarism-free and delivered on time. Chapter two gives an insight as to the elements of the topic by explaining what Competency and Compellability of a witness imply. So if you have any questions or need help using the site, please do. Also, attention will be paid to the effect of giving evidence in court and why most children may feel reluctant to give evidence in court as well as the issues risk of hysterical invention, childish imagination and collisions which may be inherent in the evidence of a child in Nigerian courts.