by Sweet & Maxwell .
Written in English
Photocopyof: Criminal Law Review, (1990), pp.92-97.
|Other titles||Criminal Law Review.|
See also Richard Uviller, Evidence of Character to Prove Conduct: Illusion, Illogic, and Injustice in the Courtroom, , () (the rule prohibiting circumstantial use of character evidence “was relaxed to allow the criminal defendant with so much at stake and so little available in the way of conventional proof to have. C. Character Evidence in Criminal Cases 1. General rule. Character evidence is more frequently introduced in criminal cases than in civil. Although the same general presumption against the use of character evidence applies, defendants may offer it and prosecutors may respond in kind in several situations specified in Evid. R. (a)(2). Size: 57KB. Topic overview - Focus on rules in Criminal Justice Act - Outline situation pre- - The Act and regulation of Bad Character Evidence of Ds and NonDs (eg other witnesses) at trial - Prohibits any evidence that falls inside scope of definition of BCE, but then provides a number of gateways to admit that evidence; there are also specific 5/5(1). Evidence of the general bad character of the accused (eg. a confession) on the ground that it is highly RES GESTAE (I) Incidents in the transaction are admissible if necessary for completeness: R v O’Malley  Qd R “kick the dog”; O’Leary v R ()
Not only is the evidence adduced coloured by the prejudice of society, the judges perception of good character and bad character also influence decision making. Gender Biases Earlier English cases refused to grant custody of children to the mother accused of adultery, while an exception was made in cases where the father was guilt of the same. 7 See e.g. the stricture in R. v. Viola  3 All E.R. 73, 77 that “it is wrong to speak of the judge's ‘discretion’ in this context. He has to make a judgment . ”; and under the modern law per Hughes L.J. in R. v. McMinn  EWCA Crim , , “The question whether bad character evidence should or should not be admitted pursuant to section (1)(d) of the Criminal. Bad Character and Misconduct. Evidence in Criminal Trials. Authors: Liz Heffernan and Una Ní Raifeartaigh Bad Character and Misconduct; Close section Chapter 4: Disclosure of Material Relied Upon as Part of the Prosecution Case;. A superbly clear, direct, and detailed explanation of the rules that underpin the law of evidence. The Modern Law of Evidence is a lucid, engaging, and authoritative guide to this fascinating area of study. Straightforward and practical in approach, it also provides concise and focused analysis of the theory behind the law, with an emphasis on recent discussion and current debates.
• evidence of bad character • disclosure and retaining evidence. The Home Office has a duty to safeguard vulnerable people and promote the welfare of children for more information see: Vulnerable people and children. Criminal Investigators in Immigration Enforcement must be aware of their obligations. character evidence, a considerable overview is here appropriate. The starting point is the Criminal Justice Act (CJA) of , which pro-vided that evidence of a defendant's bad character is admissible if: 11 Id. 12 Id. 13 See infra Part II. 14 See FED. R. ExqD. 15 In pertinent part, Rule reads. * Character evidence that victim was a good nephew and worked hard allowed where Defendant offered evidence that victim was a gang member. State v. Taylor, N.C. 31 (). * Character evidence that Defendant was a gang member allowed where Defendant had put on character evidence of being a “good Marine.” State v. About Evidence of Bad Character. This is the third edition of J R Spencer's now well established book which seeks to explain this area of law for the benefit of judges, criminal practitioners and academics teaching the law of evidence.