Introduction: Character in the Criminal Trial
Mike Redmayne, Character in the Criminal Trial (Oxford University Press, 2015)
11 Pages Posted: 27 Mar 2015
Date Written: March 19, 2015
Abstract
This is the introductory chapter to Mike Redmayne, Character in the Criminal Trial (Oxford University Press, 2015. The book examines the use of evidence of the defendant’s character in the fact-finding and sentencing stages of trial. In England and Wales the 2003 Criminal Justice Act radically expanded the admissibility of bad character evidence in guilt adjudication. The same Act also put more emphasis on criminal record and assessments of dangerousness when determining sentence. Character in the Criminal Trial provides an in-depth analysis of the legislation and its application, as well as of the underlying theoretical debates. While the focus is on English law, the policy issues are of broad relevance.
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 behavior to prove current or future offending; the process of reasoning underlying the use of bad character evidence; whether bad character evidence is prejudicial; character theories of criminal liability; and the use of risk assessment instruments to classify offenders as dangerous.
Keywords: Evidence, Criminal Justice, Sentencing, Criminal Law
JEL Classification: K14, K41, K42
Suggested Citation: Suggested Citation