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Character in the criminal trial

Redmayne, Mike (2015) Character in the criminal trial. Oxford monographs on criminal law and justice. Oxford University Press, Oxford, UK. ISBN 9780199228898

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Identification Number: 10.1093/acprof:oso/9780199228898.001.0001

Abstract

A comprehensive analysis of the bad character provisions in the Criminal Justice Act 2003 •Explores conceptual, doctrinal, and theoretical issues underlying character evidence •Examines the use of character evidence in determining sentences. 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.

Item Type: Book
Official URL: http://www.oup.com/uk/
Additional Information: © 2015 The Author
Divisions: Law
Subjects: H Social Sciences > HV Social pathology. Social and public welfare. Criminology
K Law > K Law (General)
Sets: Departments > Law
Research centres and groups > Mannheim Centre for Criminology
Date Deposited: 17 Mar 2015 14:40
Last Modified: 20 Oct 2021 01:10
URI: http://eprints.lse.ac.uk/id/eprint/61248

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