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Evidence of Bad Character

Evidence of Bad Character
Author: J R Spencer
Publisher: Hart Publishing
Total Pages: 338
Release: 2009-05-29
Genre: Law
ISBN: 9781841139814

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This is the second edition of John Spencer's now well established book which seeks to explain this complex area of law for the benefit of members of judges, criminal practitioners and academics teaching the law of evidence. In the past, the rule excluding evidence of the defendant's general bad character and disposition to commit the offence was sometimes described as one of the most hallowed rules of evidence; Lord Sankey, in Maxwell v DPP, referred to it as '...one of the most deeply rooted and jealously guarded principles of our criminal law.' In reality it was not particularly ancient, and in recent years was increasingly attacked. On technical grounds the body of law surrounding it was criticised as over-complicated and inconsistent, and more radical critics condemned it as unduly favourable to the guilty. In response to this, the law was completely recast in Part II of the Criminal Justice Act 2003. This book, now updated to take into account a raft of new cases, offers a thorough analysis of the bad character provisions of the Criminal Justice Act 2003 in the light of the way in which they have been interpreted by the courts From the reviews of the first edition: 'It is difficult to see how this complex legislation could be presented or explained more clearly...essential for all criminal practitioners.' Nigel Pascoe QC, Counsel '...a concise, highly portable and valuable little book.' Benedict Mills, New Law Journal '...a thorough and remarkably clear analysis of the bad character provisions...You can expect to see this book produced widely in court.' Andrew Keogh, Crimeline Updater '...the commentary is of a high and scholarly standard...It is small and light enough to be slipped into the case of travelling counsel, and is likely to be considered authoritative enough to be cited in court...should be required reading for counsel and the judiciary.' Jon Mack, Internet Law Book Reviews 'An outstanding account of a difficult topic in the law of evidence' Professor Andrew Choo, University of Warwick.


Evidence of Bad Character

Evidence of Bad Character
Author: John R. Spencer
Publisher:
Total Pages:
Release: 2016
Genre: Admissible evidence
ISBN: 9781509900077

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A Practical Guide to Bad Character Evidence for Criminal Practitioners

A Practical Guide to Bad Character Evidence for Criminal Practitioners
Author: Aparna Rao
Publisher:
Total Pages: 226
Release: 2021-03-08
Genre:
ISBN: 9781913715267

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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


United States Code

United States Code
Author: United States
Publisher:
Total Pages: 1506
Release: 2013
Genre: Law
ISBN:

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"The United States Code is the official codification of the general and permanent laws of the United States of America. The Code was first published in 1926, and a new edition of the code has been published every six years since 1934. The 2012 edition of the Code incorporates laws enacted through the One Hundred Twelfth Congress, Second Session, the last of which was signed by the President on January 15, 2013. It does not include laws of the One Hundred Thirteenth Congress, First Session, enacted between January 2, 2013, the date it convened, and January 15, 2013. By statutory authority this edition may be cited "U.S.C. 2012 ed." As adopted in 1926, the Code established prima facie the general and permanent laws of the United States. The underlying statutes reprinted in the Code remained in effect and controlled over the Code in case of any discrepancy. In 1947, Congress began enacting individual titles of the Code into positive law. When a title is enacted into positive law, the underlying statutes are repealed and the title then becomes legal evidence of the law. Currently, 26 of the 51 titles in the Code have been so enacted. These are identified in the table of titles near the beginning of each volume. The Law Revision Counsel of the House of Representatives continues to prepare legislation pursuant to 2 U.S.C. 285b to enact the remainder of the Code, on a title-by-title basis, into positive law. The 2012 edition of the Code was prepared and published under the supervision of Ralph V. Seep, Law Revision Counsel. Grateful acknowledgment is made of the contributions by all who helped in this work, particularly the staffs of the Office of the Law Revision Counsel and the Government Printing Office"--Preface.


Character Evidence

Character Evidence
Author: Charles W. Gamble
Publisher:
Total Pages: 104
Release: 1987
Genre: Admissible evidence
ISBN:

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Character in the Criminal Trial

Character in the Criminal Trial
Author: Mike Redmayne
Publisher: Oxford University Press, USA
Total Pages: 321
Release: 2015
Genre: Law
ISBN: 0199228892

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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 behavior, 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.


The Evidence of Good and Bad Character of an Accused Person

The Evidence of Good and Bad Character of an Accused Person
Author:
Publisher: GRIN Verlag
Total Pages: 6
Release: 2021-10-29
Genre: Law
ISBN: 3346525953

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Academic Paper from the year 2021 in the subject Law - Civil Action / Lawsuit Law, grade: 5.0, University of Lagos (Law), course: Law, language: English, abstract: This paper sets out to analyze the application of good and bad character evidence to criminal proceedings within the corpus of the Evidence Act, 2011. The term "character" has been defined by several legal writers and Judges for the purpose of determining its scope in the light of the law of evidence. The general consensus from the several definitions is that “character” is the general reputation as opposed to his disposition. Under the Nigerian Evidence Act 2011, the same definition was given pursuant to section 77 which defines the expression “character” to mean reputation as distinguished from disposition. It goes on to state that except as mentioned in sections 78 to 82, evidence may be given only of the general reputation, and not of the particular acts by which reputation or disposition is shown. Unlike in civil proceedings, the Evidence Act creates a distinction between bad and good character for the purpose of determining the admissibility of character evidence in criminal proceedings.


Evidence of Bad Character

Evidence of Bad Character
Author: J R Spencer
Publisher: Bloomsbury Publishing
Total Pages: 385
Release: 2016-09-01
Genre: Law
ISBN: 1509900055

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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. In the past, the rule excluding evidence of the defendant's general bad character and disposition to commit the offence was sometimes described as one of the most hallowed rules of evidence; Lord Sankey, in Maxwell v DPP, referred to it as '...one of the most deeply rooted and jealously guarded principles of our criminal law.' In reality it was not particularly ancient, and as the years went by it was increasingly attacked. On technical grounds the body of law surrounding it was criticised as over-complicated and inconsistent, and more radical critics condemned it as unduly favourable to the guilty. In response to this, the law was completely recast in Part 11 of the Criminal Justice Act 2003. This book, now again updated to take account of further legislative changes, case-law and academic writing, offers a thorough analysis of the bad character provisions of the Criminal Justice Act 2003 in the light of the way in which they have been interpreted by the courts.


Murphy on Evidence

Murphy on Evidence
Author: Peter Murphy
Publisher: OUP Oxford
Total Pages: 765
Release: 2007-09-20
Genre: Language Arts & Disciplines
ISBN: 0199216282

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'Murphy on Evidence' bridges the gap between the academic and practical treatment of the law of evidence. Written by an author with many years of experience in both practice and teaching, this book contains a comprehensive academic analysis of the law and a wealth of information on how the law is applied.


Hearsay Evidence in Criminal Proceedings

Hearsay Evidence in Criminal Proceedings
Author: J R Spencer
Publisher: Bloomsbury Publishing
Total Pages: 506
Release: 2014-11-01
Genre: Law
ISBN: 1782252932

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The Criminal Justice Act 2003 re-wrote the hearsay evidence rule for the purpose of criminal proceedings, enacting the recommendations of the Law Commission together with some proposals from the Auld Review. In 2008, Professor Spencer wrote a book explaining the new law, intended for practitioners as well as academics. Following the style of his earlier book about the new law on bad character evidence, the core of the hearsay book was a section-by-section commentary on the relevant provisions of the Act, discussing the case law that had interpreted them. Since the appearance of the first edition, the new law on hearsay evidence has been the subject of a spectacular exchange between the UK Supreme Court and the European Court of Human Rights, the effects of which the Court of Appeal has interpreted in several leading cases. In this new edition, the commentary is revised to take account of these developments. As in the first edition, the commentary is preceded by chapters on the history of the hearsay rule, and the requirements of Article 6(3)(d) of the European Convention on Human Rights. It is followed by an appendix containing the text of the statutory provisions and a selection of the leading cases.