This is quite simply the greatest book on cross-examination that I have ever come across and worth every penny of the hundreds of pounds that it will cost you to buy. It is not easily available. The latest (third) edition is currently unavailable on Amazon, although rather strangely several second editions are, priced at about £600.00 new, or between £330.00 and £745.00 second hand. I was distraught when, just a few days after my copy finally arrived (stamped ex librisFilosa & Filosa attorneys at law 501 Main Street, Truth or Consequences, New Mexico) I left it in a taxi. Fortunately, thanks to the honesty and good sense of a London black cab driver, instead of flogging it on the dark web, or sending it back to Truth or Consequences, like a forensic pathologist he traced me through dental records, in this case a dentist’s receipt, in the same bag. Thank goodness for rotten British teeth.
It is written for an American audience, so some of the terminology is a little obscure. They have “direct” examination, we have “evidence in chief,” they “impeach” a witness, we “contradict” them, and so on. There are references to procedures that we no longer have in England and Wales, such as cross-examination at committal hearings. Voire dires, motions in limine and other pre-trial manoeuvres that we either don’t have, or that mean something different, crop up regularly. Our courts don’t have “podiums” to and from which counsel can walk while asking questions, more’s the pity perhaps. Continue reading “Pozner & Dodd: Cross-Examination Science and Techniques. A review”
Germaine Greer’s On Rape is roughly the size and thickness of a Beatrix Potter, and why not? The Tale of Jemima Puddleduck may not be the last word on rape, but it says a great deal of what young people need to know: beware of polite, well-dressed gentlemen, especially if they have foxy whiskers and black prick ears. Don’t go uncritically into dismal summer-houses in the woods; and accepting a dinner invitation does not imply consent to everything the polite gentlemen is looking for.
Ms Greer’s book is not as incisive as Miss Potter’s and at £12.99 it is considerably more expensive but that is not to say it is a complete waste of money. In some ways it fizzes along with ideas and raises lots of questions that others are frightened to ask. Why are we so afraid of the penis when a fist and a thumb can do more physical damage? Why do some women fantasise about being raped? Are sentences for rapists too long? Should rapists be compulsorily castrated? That it is less good at answering them is not necessarily a criticism. Indeed, as she says (of her proposal that rape sentences should be shorter) “the mere suggestion will cause an outcry which is one good reason for making it.” Continue reading “Germaine Greer on Rape: A review”
Nigel Pascoe QC – whom I have been proud to call a colleague for more years than I care to remember, which is still only a fraction of the time that he has been at the height of his profession – adopts Norman Birkett’s definition of advocacy:
“Harnessing your personality in support of a cause.”
His advice to young advocates is the not uncommon advice given to nervous interview candidates: “be yourself.”
The leaked news that the Secret Barrister, who recently published the critically acclaimed The law and how it’s broken, has been appointed as a Special Tribunal Judge has come as a surprise to his or her many fans.
The Special Tribunal is a little-publicised court that sits in private at undisclosed locations, including, according to some unconfirmed rumours, the Cold War nuclear bunker inside Box railway tunnel in Wiltshire.
Created by the anodyne sounding Court Publicity (Amendment No. 2) Regulations 2015 under the Civil Contingencies Act 2004, a Special Tribunal can be convened, according to Paragraph 1 of Schedule 4, whenever the Minister of Justice certifies that a secret court hearing is necessary:
One moment she was there; a fair but formidable opponent in court, and a friendly colleague in chambers. Then – before I’d even realised that she’d gone – Helen Fields suddenly reinvented herself, not as a judge (as one might have expected) but as the Western Circuit’s answer to Karin Slaughter, with a Harper-Collins book deal to produce a series of detective stories in the genre euphemistically described as “gritty.”
In fact, judging by Perfect Remains, the first in the series, Fields’ style would be more accurately characterised as sanguinary, bordering on stomach-churning.
Simon Warr was a languages teacher who was accused of historic sexual abuse of three of his pupils.
The allegations were not, as these things go, particularly serious, although that was of little comfort. The worst was that in the 1980s he had handled a boy’s genitals under the pretext of making sure he had showered properly after PE. Although he had taught in the school, he had never taught the boy (“A”) in question, never taught PE and had no recollection of A at all. After he made his complaint to the police Mr Warr was arrested and bailed. He spent 664 days between arrest and trial. He lost his job – technically a resignation, but in effect a forced one – and the school house in which he was living and he was declared persona non grata on the school premises, cut out, he says, like a cancerous tumour. Two complainants also went to the police – or perhaps it would be more accurate to say the police came to them – with seemingly corroborative complaints, although in he end they proved to be as much contradictory as corroborative.Continue reading “Presumed Guilty by Simon Warr: A Review”
Over the next few days I’m going to recommend some good books for summer reading for anyone interested in the law, especially the criminal law.
The first is Sally Smith’s biography of Marshall Hall: “A law unto himself.” (Wildy, Simmonds & Hill £25, although available for a bit less on Amazon). Smith is a barrister, a very good one too, who since taking silk has specialised in medical cases, although she obviously knows her way around the criminal law too.
Her subject, Edward Marshall Hall – known to many simply as Marshall – was what we would now call a “celebrity:” a barrister whose oratory saved numerous men and women from the gallows. He was not always successful of course, and these days it is mainly the clients he failed to save that are remembered: George Joseph Smith, the “Brides in the Bath” murderer; and Seddon, who was said to have poisoned his lodger with arsenic in order to get his hands on her annuities. Continue reading “Sally Smith’s Biography of Marshall Hall is a wonderful read.”