Criminal law : evidence in criminal proceedings : previous misconduct of a defendant : a consultation paper
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書誌事項
Criminal law : evidence in criminal proceedings : previous misconduct of a defendant : a consultation paper
(Consultation paper / The Law Commission, No.141)
HMSO, c1996
- : pbk
- タイトル別名
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Evidence in criminal proceedings : previous misconduct of a defendant
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内容説明・目次
内容説明
In 1994 the Home Secretary made a reference to the Law Commission in the following terms: "to consider the law of England and Wales relating to heresay evidence and evidence of previous misconduct in criminal proceedings; and to make appropriate recommendations, including, if they appear to be necessary in consequence of changes proposed to the law of evidence, changes to the trial process". This paper addresses this reference in three main sections: an account of the present law on the admissibility of bad character evidence; an attempt to identify the principles on which the law in this area should be based; and an examination of a number of options for reform, some of which are provisionally proposed.
目次
- The present law - adducing bad character evidence in chief
- the present law - special cases where bad character evidence is admissable in chief
- the present law - adducing bad character evidence in cross-examination (the 1898 Act)
- the present law - special cases where bad character evidence is inadmissable
- guiding principles - the probative value of bad character evidence
- guiding principles - the prejudicial effect of bad character evidence
- guiding principles - should the defendant be treated in the same way as other witnesses?
- some objects we reject, and our preferred approach
- adducing bad character evidence in chief - the problems and some possible solutions
- the 1898 Act - the problems and some solutions: assertions of good character
- the 1898 Act - the problems and some solutions: imputations against prosecution witnesses
- the 1898 Act - the problems and some solutions: cross-examination of a co-accused
- special cases - options for reform
- should the same rules apply in courts-martial and professional tribunals?
- summary of provisional conclusions, proposals and consultation issues.
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