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Character in the Criminal Trial$
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Mike Redmayne

Print publication date: 2015

Print ISBN-13: 9780199228898

Published to Oxford Scholarship Online: May 2015

DOI: 10.1093/acprof:oso/9780199228898.001.0001

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Propensity, Coincidence, and Acquitted Misconduct

Propensity, Coincidence, and Acquitted Misconduct

Chapter:
(p.173) 8 Propensity, Coincidence, and Acquitted Misconduct
Source:
Character in the Criminal Trial
Author(s):

Mike Redmayne

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199228898.003.0008

This chapter provides a more critical analysis of some of the ways in which the courts have analysed propensity evidence. It also examines the use of acquitted misconduct evidence to prove guilt. Here there are questions of principle — what weight should be given to the fact that an allegation of criminal activity was prosecuted and resulted in acquittal? But questions about the way in which inference is understood continue to be pertinent.

Keywords:   CJA, Criminal Justice Act 2003, criminal law, UK law, character evidence, propensity evidence, courts, common law, guilt

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