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Essay on hearsay evidence

essay on hearsay evidence

Only briefly is the word used in a sentence or two in the body of the text and even here, most books don't even mention the word at all. Evidence Law on Identification Evidence and Admissibility of Evidence. You can search the entire book, and it provides the sentences and pages where it occurs (even though it won't allow you to read the page). Add to that further areas of evidence law such as confessions and section 76 (8) pace oppression and confessions and the failure to adhere to pace Code C The Detention, Treatment and Questioning of Suspects under section. Paul: "Oh yea, and I also have the gift of prophecy, and I know everything, and though faith, I could remove mountains if I wanted to" (I Cor. In fact, I can't think of a single claimed historical figure, (except for Jesus and a few other religious figures that fall prey to hearsay-story evidence alone to establish historicity. . For a sad example of this in Jesus studies, just read Bart Ehrman's Did Jesus Exist? But Paul never met an earthly Jesus, therefore he could not have a living memory of an earthly Jesus. Lawyers call this double hearsay. Hearsay has little value for discovering facts especially when it's the only kind of evidence you have, and I do not consider Paul's hearsay account as actual evidence. Also you might be interested in family law essays service. For example, consider the following scenario: A respected science reporter has a phone conversation with a physicist from the Large Hadron Collider.

Evidence, flowchart, hearsay, evidence

60 69 An upper second class mark will essay on hearsay evidence be awarded to good to very good work which will generally demonstrate some of the following? When my neighbor says her friend met the President of the United States, I put that in the category of a hypothesis and await actual evidence of this claim. It seems to me that instead of actual evidence, we actually have poor evidence here (and can we call poor evidence, evidence at all?). And remember that James divine brother (if you believe the Gospel story left no dead body to investigate because, well. And Paul is the guy that historians think gives the best evidence for brother Jesus? Law Essays UK have a team of writers who are able to custom write evidence law essays or dissertations for any area of hearsay. 2014, ignorance is preferable to error, and he is less remote from the truth who believes nothing than he who believes what is wrong. According to the most broadly construed definition of evidence, anything presented in support of an assertion counts as evidence. He writes: Axiom 5: Any argument relying on the inference "possibly, therefore probably" is fallacious." Though we must admit anything that's possible could yet be true, that does not argue for anything actually being true. The Peloponnesian War.20-22 There are a few other examples, however, but even here, only indirectly and usually it's about witnesses (a higher form of evidence than hearsay). Moreover, unlike many inferior custom essay writers our evidence law essays and evidence dissertations are not taken form an internal or external essaybank, and will not be resold within 3 years of their completion for you. Amazon also lists the contents and the indexes. So how can we even believe the story is in any way true if it comes from unknown sources through and unknown number of intermediaries?

Most so-called archaeological evidence is based on supposition rather than fact." -Brian Baker (Nonsense From The Bible) Hearsay is almost always inadmissible in a court of law, and yet 2,000-year-old hearsay and there. So as you can see, there are various levels of hearsay reliability. Can you imagine the fun a modern day lawyer would have with Paul: Lawyer: Paul, is it true that you regularly have revelations through visions? Excellent presentation with complete and accurate referencing. In fact, the Bible and extra-biblical accounts about Jesus give first hand accounts of their beliefs, thoughts, and imaginations, and one can say a lot about that. When it gets to "Blessed are the peacemakers one of them says, "I think it was 'Blessed are the cheese makers to which his friend replies, "What's so special about the cheese makers?" Sources: Loftus, Elizabeth F: Imagining the Past Mazzoni, Giuliana. Even if it came from James, and he really did mean the Lord was his biological brother, why would anyone just assume that as evidence of fact? Unless, therefore, a historical account can be traced by probable proof to the testimony of contemporaries, the first condition of credibility fails. Relevant primary sources may be identified but little or no evidence that they have been read and or fully understood, heavy reliance on secondary sources? Skilful application of sources to the question (where relevant). Line of argument evidences that the subject matter is understood, but some key issues will not be identified or dealt with, lacks original or personal interpretation, attempts at critique, analysis, evaluation and application (where relevant) may be basic, descriptive and predictable? When did he write this narrative? Historians do not have a consistent system of determining rules for evidence (each historian to his or her own).

Evidence, essay, issue Sheet Relevance (Law) Evidence (Law)

Basic factual knowledge with uncertain and limited understanding of the subject and principles, will contain a number of factual errors or omissions and show signs of confusion? But more importantly, just because you can think of a reason to explain away a document's silence does not mean that essay on hearsay evidence reason is probable. So even though an assertion about zombies might be made, a rationalist might still use it as evidence for a person pretending to be a zombie without taking into account that the original claim may have come from someone. Coherent structure, well written and comprehensible? Good presentation and competent referencing. Evidence law is probably one of the most difficult areas of study one can undertake on the LLB or BVC. Other law of evidence essays and law of evidence dissertations on hearsay that our experts have knowledge of include, exceptions under the Criminal Justice Act 1988 (CJA) section 23 and section 24, the courts discretion to refuse admittance. No evidence that appropriate primary sources have been identified, read or understood? Well we really have no way of knowing how many people the story passed through before it came to John and wrote it down.

Evidence law dissertations and evidence essays that we have been asked to carry out on opinion evidence have included, the general rule that the opinions of witnesses are not admissible and how witnesses are normally confined to stating. Of course it's possible, but on what evidence? Even Josephus and classical historians like essay on hearsay evidence Herodotus and Eusebius include a lot of material what we can't accept as rigorous historical inquiry." (Bible Review magazine, Dec. A well organised and developing argument which provides evidence of some personal interpretation, with attempts at some original and critical thought, analysis, evaluation and application (where relevant and which goes beyond the reproduction of discussion found in the standard texts? Evidence Law Character Evidence, Opinion Evidence and Privilege and Public Interest Immunity. Deliberate liars, perhaps there should be more levels and you may not agree with my order but I'm only attempting to show that hearsay reliability varies depending the reliability of the hearsayer, and even then we may not know. It reminds me of the David Cross joke: "Back when the Bible was written, then edited, then rewritten, then rewritten, then re-edited, then translated from dead languages, then re-translated, then edited, then rewritten, then given to kings for them to take. I also suspect that many ancient Christians, especially those who could not read, took written texts as a high form of truth, preached to them by their priests. This is even more unreliable evidence because he is far more likely to have made it up or to have imagined. But other of the apostles saw I none, save James the Lord's brother.

251-252 Note that Carrier is not referring to hearsay here because this is an analogy to the Gospel of John and according to Carrier, the gospels are "certainly not eyewitness testimonies or even collected hearsay.". Reading of academic and critical sources taken from the module reading list and beyond? In an article I wrote years ago, Did a historical Jesus exist?, I pointed out that the "evidence" provided by Christians, historians and Biblical scholars cannot serve as reliable evidence for a biological Jesus because all of it consists of nothing. Unlike courts of law, historicity doesn't seem to have strict requirements about its use. This puts Biblical scholars in an embarrassing position and few of them dare discuss the subject of hearsay at all. Well focused answer which is supported with relevant material? Now use the same scenario as before but replace the reporter with a mentally unstable person who hallucinates. Did he hallucinate it from revelation as he did Jesus? 16 Although Lewis' statement condemns non-contemporary essay on hearsay evidence witness testimony, consider that the evidence for Jesus comes only from non-contemporary hearsay evidence. Although with hearsay alone, one cannot say anything about the historical reality of the person in question, we need not throw anything at all away. Non-contemporary stories (especially supernaturally based stories).

Evidence, law Essays Service - 10/Page - Law

26-27 This holds true even in the most mundane hearsay accounts. I had to go all the way to the ancient historians to discover thoughts about use of evidence for history. Imagine a weather forecaster that told you either it will rain or it won't rain today without giving you the probabilities. Sloppy presentation, inadequate or absent appropriate referencing system. Is it an eyewitness account? Reports from trained observers. (I also looked essay on hearsay evidence at the subheadings under "evidence" and "witness.

Best Writing Service The law on hearsay should be abolished

Because the narrative is filled with accurate historical details and reads like an eyewitness account. I'm sorry, but I'm not willing to sacrifice my high standards for your poor standards. As all original witnesses must be contemporary with the events which they attest, it is a necessary condition for the credibility of a witness that he be a contemporary, though a contemporary is not necessarily a credible witness. Moreover, those in Jesus essay on hearsay evidence studies have no qualms about using hearsay. Although he does claim an eyewitness told him some of the details. It is only reported by others that they said. When marking assessed work, SLS markers and examiners will look for evidence of the following primary indicia: knowledge of the area/topic, understanding of the area/topic, relevance and focus. I'm talking about Richard Carrier's book, On the Historicity of Jesus (read my review here ). Since when do multiple wrongs equal a right? Who is this John? Why in the world would you comprise against your use of the best standards for evidence? Graphocentrism exagerates historical reliability. Thoughtful structure, excellent communication skills, fluently written with confidence and judiciousness, which will be lively, engaging and stimulating to read?

We have also written about the Children Act 1989 section 105, which states that persons under the age of 18 can be competent to give sworn testimony in civil cases, and specific procedures for child witnesses. Probably thirty or forty years after the crime, maybe even sixty. Innocence Project, an organization that works on DNA evidence to reopen criminal convictions that were made before DNA testing was available, states that, "Eyewitness misidentification is the single greatest cause of wrongful convictions nationwide, playing a role in more. No argument or totally ineffectual argument which does not evidence any critique, analysis, evaluation and application (where relevant discussion shows that question has not been understood? All based on stories that were told orally 30 to 90 years after they happened. Who is that witness? 15 29 A fail mark of 15 29 will be awarded to weak work which will generally demonstrate some of the following? Before he even goes into his reasons, he proclaims essay on hearsay evidence over fifteen times that "Jesus existed." Ehrman is certain. Reliance on basic reading with possible inclusion of inappropriate sources? Essays and dissertations on competence and compellability that we could assist with would include looking at competence and compellability and the Youth Justice and Criminal Evidence Act 1999 section 53(1) (yjcea pace section 80 the compellability of spouses, and. Yet the only information we have about the Higgs boson discovery comes from the science reporter. Some very limited basic factual knowledge with uncertain and limited understanding of the subject and principles and of the question being addressed, will contain significant errors/omissions, gaps, and or signs of confusion?

So where should one draw the line? Historians believe Jesus existed because they want him to exist (typically faithful Christians and essay on hearsay evidence the school of modern Euhemerism (Bible scholarship) supports them. The historian follows what other historicans have done (bandwaggon effect) for fear of ostracism or bucking the trend, or damaging his career. I suspect that many Biblical scholars are subject to an unconscious interpretative bias called Graphocentrism because their entire field of inquiry involves ancient textual documents. As new criteria are developed and new information about Palestine in the first century becomes available, saying formally judged only possible, or even improbable, under current criteria can be reevaluated and their categories changed. Quality of written english, use of appropriate referencing system, marks will be awarded taking into account the primary indicia above, appropriate to the level of study, as follows. No independent reading or research, no evidence that basic reading from the module has been undertaken? 3.19) "When also I am told that a woman, called the Virgin Mary, said, or gave out, that she was with child without any cohabitation with a man, and that her betrothed husband, Joseph, said. No evidence of pertinent independent research or engagement with academic sources either from or beyond the module reading list, any reading undertaken will be from unsuitable non-academic sources, it will be irrelevant and or tangential, the discussion will evidence mistaken interpretation of question? 1:18-19 This is hearsay and although not as bad as Carrier's mock trial, it is still hearsay (level 3, at best, on my hearsay scale). A second common objection is the claim that sometimes Judges allow hearsay in court (even though generally they don't). Limited evidence of any independent research or wider reading beyond the module reading list? To find out how we can custom write you a guaranteed 2:1 or First class standard evidence law essay or dissertation to help you with your studies, please call or use our law essays order form.

Evidence, essay

But in perhaps the most controversial part of the book, the part about Paul's account of James, the brother of the Lord, Carrier writes, "The last evidence historicists appeal to (and in my opinion the only actual evidence. Although a saying is currently regarded as less probably a saying of Jesus, with the right argument it may in the future yet be raised to a higher level of certainty. So why should this even be admissible as evidence? These absolute statements produce a false dilemma fallacy (also called fallacy of the excluded middle, or either-or fallacy). Multiple Attestation can never gain traction on such a horrid body of evidence." Proving History,.

Hearsay, Deception and About Me, essay

Because no one can adequately substantiate the claim. Well, it's perhaps the best possible case for hearsay as evidence, but we still couldn't use it as evidence for the Higgs boson. If an observer visited a Scientology group and one of its members told the observer that his now dead brother was an extraterrestrial thetan, would you take that as actual evidence that he had a biological brother? Some key issues not identified and discussion not adequately related to the question, some irrelevant material which is used in a way which belies a genuine understanding? Inadequate basic factual knowledge with erroneous understanding of the subject and principles and of the question being addressed, will contain major errors, gaps, and signs of misunderstanding? Paul's hearsay account doesn't even fit the Argument From Evidence (AFE) as described in Carrier's first volume, Proving History, page. When dealing with the Bible or any ancient source, we have to loosen up a little; otherwise, we can't really say anything." (Bible Review magazine, Dec. The 'evidence' then is only to be found in the Bible no historical, scientific or authenticated archaeological evidence exists. It means information received from other people that one cannot adequately substantiate. 34) Well of course, if you don't use professional standards, you can believe anything, including the dubious belief that the Gospels are "reliable records, close to the sources." Freedman goes on to say in a rare admission: "We have to accept somewhat looser standards. Sloppy and careless presentation, insufficient primary or secondary sources used, where sources used, no adequate references or bibliography.

Here's the best of the "actual evidence" claimed for Jesus: Then after three years I went up to Jerusalem to see Peter, and abode with him fifteen days. Of course, knowing why we don't have certain evidence still does not change the fact that we don't have that evidence. Evidence Law Competence and Compellability, if you have evidence law essays or evidence law dissertations on the areas of competence and compellability we can help. Does bad evidence even belong as a category of evidence? Seriously deficient knowledge and understanding of even the very basics? Tacitus (in a brief statement of principle in Tac. Thucydides was an Athenian historian who lived in the 5th century. If, however, it is meant to be asserted that the same degree of certainty ought to be required in historical that is required in judicial evidence, it would be exacting too much, and carrying skepticism too far.

Example - Modern Martial

With Paul prone to hallucinating and his strong bias for believing, he hardly provides us with an example of a trained observer. For example, David Noel Freedman, a noted biblical scholar and archaeologist said the following: "When it comes to the historical question about the Gospels, I adopt a mediating positionthat is, these are reliable records, close to the sources. Some of the evidence law essays and dissertations that we have undertaken for clients have included areas on pace, the need for special caution with identification evidence including giving a Turnbull direction, the exclusionary discretion of the judge. A clear, developed and responsive argument which shows an awareness of subtleties within the question and which includes some original and critical ideas, analysis, evaluation and application (where relevant)? And if we cannot use hearsay as reliable evidence, then how can we call it evidence at all?

This bias occurs especially in Bible study academia. I.e., possible or probable. I'm not a historical scholar. Even if the physicist survived and told them that they discovered the Higgs boson, they could only take his eyewitness account as an interesting hypothesis. Comprehensive engagement with and understanding of relevant primary sources? Who told John this story? In addition our evidence law essays have looked at Section 34 of the cjpoa silence as regards to facts that are later relied upon by the accused in relation to his defence, the cjpoa section 38(3) how silence.