Evidence of Bad Character (Criminal Law Library)

The 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. In the UK case Maxwell v DPP, Lord Sankey described it as "...one of the most deeply rooted and jealously guarded principles of our criminal law." In reality, this rule is not particularly ancient, and in recent years the rule 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, the rule was completely recast in Part II of the UK Criminal Justice Act 2003. This book offers the first thorough analysis of the new provisions. The author, an acknowledged expert on the law of evidence, has been engaged in training lawyers and judges on the effect and scope of the new provisions.