If a defendant is on trial for a crime such as burglary, to what extent should the fact that he has a previous conviction for burglary feature in his trial? Should the prosecution be allowed to tell the jury about the previous conviction as evidence that the defendant is more likely to have committed burglary? Should the judge give the defendant a longer sentence because he has a previous conviction? These are the fundamental questions examined in Character in the Criminal Trial.
Including an in-depth analysis of the character evidence provisions of the Criminal Justice Act 2003, this book assesses the arguments for and against using character evidence to prove a defendant's guilt. It explores the sentencing provisions in the same Act, as well as the general use of criminal record and other character evidence to aggravate and mitigate sentence.
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 behaviour to prove current or future offending; the process of reasoning underlying the use of bad character evidence; whether bad character evidence is prejudicial; and the use of risk assessment instruments to classify offenders as dangerous. By combining insights from law, psychology, criminology, and philosophy, Redmayne reassesses the use of character in the criminal trial and reflects on the significance of the law's increasing emphasis on character.
Preface and Acknowledgements 1: Introduction 2: The Relevance of Character 3: Character and Prejudice 4: The Ethics of Character Evidence 5: Propensity's History: English Law before the Criminal Justice Act 2003 6: Understanding Propensity Evidence 7: Propensity Evidence under the Criminal Justice Act 2003 8: Propensity, Coincidence, and Acquitted Misconduct 9: Character and Credibility 10: Good Character 11: Punishing Character 12: Dangerous Characters 13,: Conclusion
Mike Redmayne holds a chair in the Law Department at the London School of Economics. He has written widely on criminal evidence and criminal procedure. His previous books include Expert Evidence and Criminal Justice (2001) and, with Andrew Ashworth, The Criminal Process (2010).
