Character in the Criminal Trial

Hardcover | April 19, 2015

byMike Redmayne

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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 havecommitted 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 criminalrecord 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 ofreasoning 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 inthe criminal trial and reflects on the significance of the law's increasing emphasis on character.

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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 havecommitted burglary? Should the judge give the ...

Mike Redmayne holds a chair in the Law Department at the London School of Economics. He has written widely on criminal evidence and criminal procedure. His previous books include Expert Evidence and Criminal Justice (2001) and, with Andrew Ashworth, The Criminal Process (2010).

other books by Mike Redmayne

The Criminal Process
The Criminal Process

Paperback|Jul 15 2010

$70.19 online$71.50list price
see all books by Mike Redmayne
Format:HardcoverDimensions:320 pages, 9.21 × 6.14 × 0.01 inPublished:April 19, 2015Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199228892

ISBN - 13:9780199228898

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Table of Contents

Preface and Acknowledgements1. Introduction2. The Relevance of Character3. Character and Prejudice4. The Ethics of Character Evidence5. Propensity's History: English Law before the Criminal Justice Act 20036. Understanding Propensity Evidence7. Propensity Evidence under the Criminal Justice Act 20038. Propensity, Coincidence, and Acquitted Misconduct9. Character and Credibility10. Good Character11. Punishing Character12. Dangerous Characters13. Conclusion