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Download Advocacy by David Ross PDF

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By David Ross

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What did he say? — He told me to fuck off. And did you? — Yes. The jury would have understood the expression. ” [3095] All language is in a constant state of change. What is simple English in one generation will not be nearly so simple in the next. 8 These days we might prefer to ask two questions on the issue, such as: Have you looked at the document? 9 [3100] Simple English means that you do not use Latin words or phrases. Avoid ergo, ipso facto or sub judice. Do not use lawyer’s jargon either.

Many police officers fall into this class. Their training includes practising to give evidence in court. Each police officer must keep a diary of essential events and for every case must make a formal statement. The police witness will have read and memorised the statement before giving evidence. Nevertheless like all of us they do make mistakes. The statement (and the evidence) may refer to events the witness believes have occurred but might not have seen. The evidence of one police witness may conflict with that of another, or with the evidence of a civilian witness.

A child often gives evidence in a criminal case either as a victim or as an eye witness. 12 You will need to find all those who have spoken to the child about the events, especially relatives. You can also get the notes from a government department that may have dealt with the child and from the police who spoke to the child before video interview. The child may have been coached. These notes can be obtained by subpoena. Repetition of a question to the child implies that the first answer was not satisfactory.

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