Character In The Criminal Trial

The use of character in the criminal trial raises a number of controversial issues such as the nature of criminal responsibility, the link between past and future behaviour, and the way juries and judges reason about evidence of prior wrongdoing. This book reassesses and reflects on the significance of the law's increasing emphasis on character.

If a defendant is on trial for a crime such as burglary, to what extent should the fact that he has a previous conviction for burglary feature in his trial? Should the prosecution be allowed to tell the jury about the previous conviction as evidence that the defendant is more likely to have committed burglary? Should the judge give the defendant a longer sentence because he has a previous conviction? These are the fundamental questions examined in Character in the Criminal Trial. Including an in-depth analysis of the character evidence provisions of the Criminal Justice Act 2003, this book assesses the arguments for and against using character evidence to prove a defendant's guilt. It explores the sentencing provisions in the same Act, as well as the general use of criminal record and other character evidence to aggravate and mitigate sentence. Issues examined in the course of the book include: psychological and philosophical debates about the stability of character; criminological research on recidivism and the nature of criminal careers; ethical debates about the use of prior behaviour to prove current or future offending; the process of reasoning underlying the use of bad character evidence; whether bad character evidence is prejudicial; and the use of risk assessment instruments to classify offenders as dangerous. By combining insights from law, psychology, criminology, and philosophy, Redmayne reassesses the use of character in the criminal trial and reflects on the significance of the law's increasing emphasis on character.

The use of character in the criminal trial raises a number of controversial issues such as the nature of criminal responsibility, the link between past and future behaviour, and the way juries and judges reason about evidence of prior wrongdoing. This book reassesses and reflects on the significance of the law's increasing emphasis on character.

Designed to cover each stage of the process, from identifying bad character, getting it past the gateways, and directing the jury on its use, 'A Practical Guide to Bad Character Evidence' is your one-stop reference text when prosecuting and defending criminal trials in England and Wales. It separates the theory from the reality, providing examples and common-sense guidance on the scope and limitations of the use of bad character evidence. Since bad character evidence pervades the trial process, sometimes in unexpected ways, it is vital that practitioners have an understanding of the up-to-date legal position and how it works in practice. Each chapter focuses on a different stage or concept, breaking down the legislative tests and distilling the key cases in a clear and structured way. Chapters contain handy sub-headings to facilitate quick lookup, and the user is guided to other relevant headings and cases that will assist. There is also an index of cases to help with ready navigation. CONTENTS Chapter 1 - Introduction Chapter 2 - What Is Bad Character Evidence Chapter 3 - Section 100 Non-Defendant Bad Character Chapter 4 - Section 101 Defendant Bad Character Chapter 5 - Exclusions Chapter 6 - Jury Directions and Standard of Proof Chapter 7 - Conclusion

This book provides guidance for judicial officer in the conduct of civil proceedings, from preliminary matters to the conduct of final proceedings and the assessment of damages and costs. It contains concise statements of relevant legal principles, references to legislation, sample orders for judicial official to use where suitable and checklists applicable to various kinds of issues that arise in the course of managing and conducting civil litigation.

Paciocco and Stuesser s "Law of Evidence," now in its 5th edition, is the most versatile text available on the Canadian law of evidence. The text has been cited and relied upon hundreds of times by courts of all levels across Canada, in both civil and criminal cases. It has also been adapted by the National Judicial Institute for their electronic bench book for trial judges. The new fifth edition carries on the practice in earlier editions of using new appellate level authorities to illustrate the law. It also chronicles significant changes in the law of self-incrimination and hearsay, as well as providing a concise and organized guide for dealing with section 24(2) exclusionary applications in the "Grant" era.

The lawyer-dominated adversary system of criminal trial, which now typifies practice in Anglo-American legal systems, was developed in England in the 18th century. This text shows how and why lawyers were able to capture the trial.