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Bad Character Evidence
The Criminal Justice Act 2003 applicable in England and Wales, and to a lesser extent Scotland and Northern Ireland, implemented fundamental changes to the admissibility of evidence relating to character, in respect to defendants and others. The Act is far-reaching, providing for the admissibility of previous convictions in support of a propensity to commit like-offences and untruthfulness. Common law rules in relation to the admissibility of bad character evidence have been abolished, with the existence of one exception. The legislation draws heavily on the Law Commission Paper No. 273, with some deviations resulting from the Parliamentary debates as the Bill moved through Parliament. Definition Bad character evidence is evidence of, or a disposition towards misconduct; other than evidence which has to do with the alleged facts of the offense with which the defendant is charged or is evidence of misconduct in connection with the investigation or prosecution of that offence. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Criminal Justice Act 2003
The Criminal Justice Act 2003 (c. 44) is an Act of the Parliament of the United Kingdom. It is a wide-ranging measure introduced to modernise many areas of the criminal justice system in England and Wales and, to a lesser extent, in Scotland and Northern Ireland. Large portions of the act were repealed and replaced by the Sentencing Act 2020.Sentencing Act 2020 s. 413 & sch. 28 It amends the law relating to powers, , , allocation of |
Admissible Evidence
Admissible evidence, in a court of law, is any testimonial, documentary, or tangible evidence that may be introduced to a factfinder—usually a judge or jury—to establish or to bolster a point put forth by a party to the proceeding. For evidence to be admissible, it must be relevant and "not excluded by the rules of evidence", which generally means that it must not be unfairly prejudicial, and it must have some indicia of reliability. The general rule in evidence is that all relevant evidence is admissible and all irrelevant evidence is inadmissible, though some countries (such as the United States and, to an extent, Australia) proscribe the prosecution from exploiting evidence obtained in violation of constitutional law, thereby rendering relevant evidence inadmissible. This rule of evidence is called the exclusionary rule. In the United States this was effectuated federally in 1914 under the Supreme Court case '' Weeks v. United States'' and incorporated against th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Evidence
Evidence for a proposition is what supports this proposition. It is usually understood as an indication that the supported proposition is true. What role evidence plays and how it is conceived varies from field to field. In epistemology, evidence is what justifies beliefs or what makes it rational to hold a certain doxastic attitude. For example, a perceptual experience of a tree may act as evidence that justifies the belief that there is a tree. In this role, evidence is usually understood as a private mental state. Important topics in this field include the questions of what the nature of these mental states is, for example, whether they have to be propositional, and whether misleading mental states can still qualify as evidence. In phenomenology, evidence is understood in a similar sense. Here, however, it is limited to intuitive knowledge that provides immediate access to truth and is therefore indubitable. In this role, it is supposed to provide ultimate justifications for ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Defendant
In court proceedings, a defendant is a person or object who is the party either accused of committing a crime in criminal prosecution or against whom some type of civil relief is being sought in a civil case. Terminology varies from one jurisdiction to another. In Scots law, the terms "accused" or "panel" are used instead in criminal proceedings and "defender" in civil proceedings. Another term in use is "respondent". Criminal defendants In a criminal trial, a defendant is a person accused ( charged) of committing an offense (a crime; an act defined as punishable under criminal law). The other party to a criminal trial is usually a public prosecutor, but in some jurisdictions, private prosecutions are allowed. Criminal defendants are often taken into custody by police and brought before a court under an arrest warrant. Criminal defendants are usually obliged to post bail before being released from custody. For serious cases, such as murder, bail may be refused. Defendants must ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Conviction
In law, a conviction is the verdict reached by a court of law finding a defendant guilty of a crime. The opposite of a conviction is an acquittal (that is, "not guilty"). In Scotland, there can also be a verdict of "not proven", which is considered an acquittal. Sometimes, despite a defendant being found guilty, the court may order that the defendant not be convicted. This is known as a discharge and is used in countries such as England, Wales, Canada, Australia, and New Zealand. The criminal justice system is not perfect and there are instances in which guilty defendants are acquitted and innocent people are convicted. Appeal mechanisms and post conviction relief procedures may help to address this issue to some extent. An error leading to the conviction of an innocent person is known as a miscarriage of justice. After a defendant is convicted, the court determines the appropriate sentence as a punishment. In addition to the sentence, a conviction can also have other consequ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Propensity
The propensity theory of probability is a probability interpretation in which the probability is thought of as a physical propensity, disposition, or tendency of a given type of situation to yield an outcome of a certain kind, or to yield a long-run relative frequency of such an outcome.'Interpretations of Probability', Stanford Encyclopedia of Philosophybr> Retrieved 23 December 2006. Propensities are not relative frequencies, but purported ''causes'' of the observed stable relative frequencies. Propensities are invoked to ''explain why'' repeating a certain kind of experiment will generate a given outcome type at a persistent rate. A central aspect of this explanation is the law of large numbers. This law, which is a consequence of the axioms of probability, says that if (for example) a coin is tossed repeatedly many times, in such a way that its probability of landing heads is the same on each toss, and the outcomes are probabilistically independent, then the relative freq ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Disposition
A disposition is a quality of character, a habit, a preparation, a state of readiness, or a tendency to act in a specified way. The terms dispositional belief and occurrent belief refer, in the former case, to a belief that is held in the mind but not currently being considered, and in the latter case, to a belief that is currently being considered by the mind. In Bourdieu's theory of fields, dispositions are the natural tendencies of each individual to take on a specific position in any field. There is no strict determinism through one's dispositions. The ''habitus'' is the choice of positions according to one's dispositions. However, in retrospect, a space of possibles can always be observed. A disposition is not a process or event in some duration in time, but rather the state, preparation, or tendency of a structure "in waiting". In the field of possibilities, its actual triggering has a statistical value. Metaphysics The debate about dispositions in metaphysics attempts ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Misconduct
Misconduct is wrongful, improper, or unlawful conduct motivated by premeditated or intentional purpose or by obstinate indifference to the consequences of one's acts. It is an act which is forbidden or a failure to do that which is required. Misconduct may involve harm to another person's health or well-being. Misconduct is of particular importance in professional settings (e.g. lawyers, doctors, military personnel), in the workplace and various institutions (e.g. schools, prisons). Two categories of misconduct are sexual misconduct and official misconduct. In connection with school discipline, "misconduct" is generally understood to be student behavior that is unacceptable to school officials but does not violate criminal statutes, including absenteeism, tardiness, bullying, and inappropriate language. Misconduct in the workplace generally falls under two categories. Minor misconduct is seen as unacceptable but is not a criminal offense (e.g. being late, faking qualifications). ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Prosecutor
A prosecutor is a legal representative of the prosecution in states with either the common law adversarial system or the Civil law (legal system), civil law inquisitorial system. The prosecution is the legal party responsible for presenting the case in a Criminal law, criminal jury trial, trial against an individual accused of breaking the law. Typically, the prosecutor represents the state or the government in the case brought against the accused person. Prosecutor as a legal professional Prosecutors are typically lawyers who possess a law degree, and are recognised as suitable legal professionals by the court in which they are acting. This may mean they have been Admission to the bar, admitted to the bar, or obtained a comparable qualification where available - such as Solicitor advocate, solicitor advocates in English law, England and Wales. They become involved in a criminal case once a suspect has been identified and Indictment, charges need to be filed. They are employe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Police And Criminal Evidence Act 1984
The Police and Criminal Evidence Act 1984 (PACE) (1984 c. 60) is an Act of Parliament which instituted a legislative framework for the powers of police officers in England and Wales to combat crime, and provided codes of practice for the exercise of those powers. Part VI of PACE required the Home Secretary to issue Codes of Practice governing police powers. The aim of PACE is to establish a balance between the powers of the police in England and Wales and the rights and freedoms of the public. Equivalent provision is made for Northern Ireland by the Police and Criminal Evidence (Northern Ireland) Order 1989 (SI 1989/1341). The equivalent in Scots Law is the Criminal Procedure (Scotland) Act 1995. PACE has been modified by the Policing and Crime Act 2017, "which mean that there is now a presumption that suspects who are released without charge from police detention will not be released on bail," a formality which was written in PACE 1984 Section 30A. Synopsis Although PACE is a f ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Man On The Clapham Omnibus
The man on the Clapham omnibus is a hypothetical ordinary and reasonable person, used by the courts in English law where it is necessary to decide whether a party has acted as a reasonable person would – for example, in a tort, civil action for negligence. The character is a reasonably educated, intelligent but nondescript person, against whom the defendant's conduct can be measured. The term was introduced into English law during the Victorian era, and is still an important concept in British law. It is also used in other Commonwealth of Nations, Commonwealth common law jurisdictions, sometimes with suitable modifications to the phrase as an aid to local comprehension. The route of the original "Clapham Horsebus, omnibus" is unknown but London Buses route 88 was briefly branded as "the Clapham Omnibus" in the 1990s and is sometimes associated with the term. History The phrase was reportedly first put to legal use in a judgment by Sir Richard Henn Collins Master of the Rolls, M ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Evidence Law
The law of evidence, also known as the rules of evidence, encompasses the rules and legal principles that govern the proof of facts in a legal proceeding. These rules determine what evidence must or must not be considered by the trier of fact in reaching its decision. The trier of fact is a judge in bench trials, or the jury in any cases involving a jury. The law of evidence is also concerned with the quantum (amount), quality, and type of proof needed to prevail in litigation. The rules vary depending upon whether the venue is a criminal court, civil court, or family court, and they vary by jurisdiction. The Quantum meruit, quantum of evidence is the amount of evidence needed; the quality of proof is how reliable such evidence should be considered. Important rules that govern Admissible evidence, admissibility concern hearsay, Authentication (law), authentication, Relevance (law), relevance, privilege (evidence), privilege, witnesses, opinions, Expert witness, expert tes ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
