Evidence of Bad Character Case Study.

The evidence of bad character is an interesting area which have often been brought up by academician and judges like Professor Hoffman to its disputable and uncertainty of status, and so it have been describe as a law which is complex, unprincipled and riddled with anomalies by Professor Adrian Keane.

Effect of Bad Character Evidence on Juries.

Any opinions, findings, conclusions or recommendations expressed in this material are those of the authors and do not necessarily reflect the views of UK Essays. The objective of this paper is to demonstrate what a bad character evidence (BCE) is and whether Liam Parrish’s (LP) BCE of previous convictions should be admitted at trial.Bad character evidence should be excluded if it is unfairly prejudicial. T The courts should be reluctant to admit bad character evidence in case the jury are prejudiced by its introduction and they convict despite all other evidence against the defendant being weak.Sec-101 of CJA 2003 states that in criminal proceedings evidence of defendant’s bad character is admissible if one of the factors from sub-section 101 (1) (a)-101 (1) (g) is satisfied.In this regard we need to consider the three fold test in R v Hanson which is laid down by the Court of Appeal.


While evidence of bad character of the plaintiff may be given in order to mitigate the extent of damages, evidence of good character may not be given in order to increase the extent of liability. Similarly in cases of guardianship, the character of the proposed guardian becomes relevant.Under gateway (g) evidence of bad character will be admissible if the defendant has made an attack on another person's character. The other person is most likely to be a prosecution witness. T he rationale behind this gateway is that if the defendant attacks the character of another person the court should be aware of the defendant's character.

Bad Character Evidence Uk Essay Apa

A possible outline for your essay is: A. Pre-2003 position under common law (non- testifying defendant) and under CEA 1898. If the defendant claimed to be of good character his bad character would be admitted. See Rowton (1865).

Bad Character Evidence Uk Essay Apa

Under s 107 of CRA 2003, if evidence of a defendant’s bad character has been admitted under paragraphs (c) to (g) of s 101(1) (see above), and the court is satisfied after the close of the case for the prosecution that the evidence is contaminated, and the contamination is such that the defendant’s conviction would be unsafe, the court must either direct the jury to acquit the defendant of.

Bad Character Evidence Uk Essay Apa

Evidence - Bad Character. Legal Guidance. The Code for Crown Prosecutors. The Code for Crown Prosecutors is a public document, issued by the Director of Public Prosecutions that sets out the general principles Crown Prosecutors should follow when they make decisions on cases. Continue reading. Prosecution guidance. This guidance assists our prosecutors when they are making decisions about.

Bad Character Evidence Uk Essay Apa

Evidence of Bad Character Practice and procedure It is clear that evidence of bad character will play a much greater role in investigations in the future and is likely to form an essential part of the evidence against a defendant as bad character is relevant to credit as well as to the issue of guilt. Therefore it is essential that the facts behind previous convictions are established.

Bad Character Evidence Uk Essay Apa

The bad character provisions which are provided at sections 98 to 108 of the CJA 2003) include evidence on the part of the defendant, defence and prosecution witnesses, and even third parties not called to give evidence. It also covers bad character evidence whether it is adduced to directly establish guilt, to undermine credit or to provide the contextual background to an offence.

Bad Character Evidence: Then and Now.

Bad Character Evidence Uk Essay Apa

Chapter 1: Evidence of Bad Character Section 98: Bad Character and Section 99: Abolition of common law rules. 353. Section 98 defines the sort of evidence whose admissibility is to be determined under the new statutory scheme. The definition covers evidence of, or of a disposition towards, misconduct. The term “misconduct” is further defined in section 112 as the commission of an offence.

Bad Character Evidence Uk Essay Apa

Refer to the particular problems of character evidence identified by the Law Commission, namely moral and reasoning prejudice and the difficulties since the 1898 statute of achieving a fair balance between the interests of the defendant and the public interests in prosecuting crime successfully.

Bad Character Evidence Uk Essay Apa

TY - JOUR. T1 - Criminal evidence: bad character - Criminal Justice Act 2003 s.101(1)(d) AU - Steventon, Beverley V. PY - 2007. Y1 - 2007. KW - admissibility.

Bad Character Evidence Uk Essay Apa

Essay causation - Grade: A Bad Character Evidence Bad Character Essay - Grade: 1st Witnesses essay - Grade: 1st Witnesses essay plan - Grade: 1st Witnesses Essay - Final. Related Studylists. Principles of Criminal Evidence. Preview text. Witnesses Essay Question Revision Question will focus on evidential rules relating to vulnerable witnesses o Includes SMD o WAO And how these rules have.

Bad Character Evidence Uk Essay Apa

Currently, bad character evidence is prohibited if the purpose is only to show the propensity of the accused towards commission of the impugned act. It is admissible for any other purpose. Undoubtedly, evidence tending to show bad character of the accused in the latter cases, while possessing probative value, also has a prejudicial effect.

Problem Answer to Law of Evidence Question - UK Essays.

Bad Character Evidence Uk Essay Apa

Strong transitions exist throughout and add to the essay’s coherence Progression of ideas in essay is awkward, yet moves the reader through the text without too much confusion Whereas in the English essay you use textual evidence and quotes, in a film analysis essay, you might also include audiovisual elements to bolster your argument. Thesis: one sentence opinion statement that your ENTIRE.

Bad Character Evidence Uk Essay Apa

Bad Character Evidence; Trial Fairness and Defendant Cooperation: The Privilege Against Self-Incrimination; Drawing Inferences from Silence; Disclosure; Testimony: Examination of Witnesses; Vulnerable Witnesses; Sexual History Evidence. The course has a Moodle page. You are encouraged to consult it should you want more information on the themes, the topics, and the sort of material that we.

Bad Character Evidence Uk Essay Apa

One of the gateways to the admissibility of the bad character evidence of the defendant is that he has made an attack on another person's character. From the following list select the provision that describes the current law as found in s101(1) (g) and s106 of CJA.

Bad Character Evidence Uk Essay Apa

R v Styles (2015) EWCA Crim 1619, provides an example of a case where the accused adduced evidence of his own bad character and should have been given a modified good character direction, or even an effective good character direction. See the Online Resource Centre for MLE 11th edn, February Updates, Ch 16. The decision in Hunter goes a long way towards resolving problems over the entitlement.

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