Evidence of Bad Character: Second Edition (Criminal Law Library)

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9781841139814: Evidence of Bad Character: Second Edition (Criminal Law Library)
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The legal rule excluding evidence of the defendant's general bad character, and disposition to commit the offense, has been described as one of the most hallowed rules of evidence. Britain's Lord Sankey, in Makin v Attorney-General for New South Wales, referred to it as "...one of the most deeply rooted and jealously guarded principles of our criminal law." In reality, the rule is not particularly ancient and in recent years it has been increasingly attacked. On technical grounds, the body of law surrounding it has been criticized as over-complicated and inconsistent, and more radical critics have condemned it as unduly favorable to the guilty. In response to this, it was completely recast in Part II of the UK's Criminal Justice Act 2003. This second edition, now updated to take into account a raft of new cases, offers the most thorough analysis available of the bad character provisions of the Criminal Justice Act 2003.

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About the Author:

JR Spencer QC is Professor of Law in the University of Cambridge and a Fellow of Selwyn College.

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Professor Spencer writes in an extremely clear and concise manner Practising criminal lawyers are.likely to take heart from the updating of this often-cited, and often-persuasive volume. It deals with a notoriously contentious area of English criminal procedure in a straightforward way and deserves to remain the authoritative work on this topic. Tomas Hamilton The Howard Journal of Criminal Justice Volume 53, No. 1 ...remains at the forefront of tackling this extremely important subject...this book is of a high and scholarly standard and the new edition is very welcome. Rob Jerrard Internet Law Book Reviews June 2009 It is easy to see why this book has such broad appeal. Spencer has a certain genius when it comes to bringing concision and clarity to material which others would most probably render lengthy and difficult...Spencer's work is an essential starting point for getting to grips with bad character evidence, and yet there remains plenty of scope for others to contribute their own arguments. Jonathan Rogers Criminal Law Review December 2009

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9781841136486: Evidence of Bad Character (Criminal Law Library)

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ISBN 10:  1841136484 ISBN 13:  9781841136486
Publisher: Hart Publishing, 2006
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Book Description Bloomsbury Publishing PLC, United Kingdom, 2009. Paperback. Condition: New. 2nd Revised ed. Language: English. Brand new Book. 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. Seller Inventory # AAV9781841139814

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