Character Evidence in the Criminal Trial (Oxford Monographs on Criminal Law and Justice)

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 behavior 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. Cover Character in the Criminal Trial Copyright Dedication Contents Table of Cases Table of Statutes Table of Statutory Instruments Table of International Instruments List of Abbreviations 1 Introduction 1.1 Character in the Criminal Process 1.2 Defining Character 1.3 The Structure of the Book 2 The Relevance of Character 2.1 People and Situations 2.2 Recidivism and the Relevance of Previous Convictions 2.3 Criminal Careers 2.4 Conclusion 3 Character and Prejudice 3.1 Integrating Comparative Propensity 3.2 Undermining Deterrence 3.3 Confusing Coincidence 3.4 Attributing Error 3.5 Empirical Studies of Bad Character 3.6 Conclusion 4 The Ethics of Character Evidence 4.1 Exclusion and Exceptions 4.2 Putting the Defendant’s Life on Trial 4.3 Autonomy 4.4 Motives and Reasons 4.5 Moral Improvement 4.6 Censure and Reform 4.7 Non-Criminal Bad Character 4.8 Labelling 4.9 Conclusion 5 Propensity’s History: English Law before the Criminal Justice Act 2003 5.1 Early Cases 5.2 Makin 5.3 Boardman 5.4 From Boardman to P 5.5 After P 5.6 Randall 5.7 Conclusion 6 Understanding Propensity Evidence 6.1 Patterns of Propensity Evidence 6.2 The Doctrine of Chances 6.3 The Structure of the Propensity Inference: Comparative Propensity, Other Evidence, and Linkage 6.4 Identity Cases and the Sequence of Reasoning 6.5 Categories 6.6 Striking Similarity 6.7 Forbidden Reasoning 6.8 Probative Value Versus Prejudicial Effect 6.9 Commentators 6.10 Conclusion 7 Propensity Evidence under the Criminal Justice Act 2003 7.1 The CJA Scheme in Outline 7.2 Propensity under the CJA: The Basics 7.3 Constituting Propensity 7.4 Excluding Relevant Propensity Evidence 7.5 Warning the Jury 7.6 Conclusion: Assessing Gateway (d) 8 Propensity, Coincidence, and Acquitted Misconduct 8.1 Simple Misclassification 8.2 Propensity, Pooling, and Cross-Admissibility 8.3 Problems with the Propensity/Coincidence Distinction 8.4 Pooling 8.5 Double-Counting 8.6 Acquitted Misconduct Evidence 8.7 Conclusion 9 Character and Credibility 9.1 Crime and Credibility 9.2 Gateway (d): Propensity to be Untruthful 9.3 Gateway (g): Tit for Tat 9.4 Tit for Tat: A Practice in Search of a Rationale 9.5 Deterring Defendants 9.6 Conclusion 10 Good Character 10.1 The Importance of Good Character 10.2 Conclusion 11 Punishing Character 11.1 The Impact of Character on Sentencing 11.2 Should Character Influence Sentence? 11.3 Character and Criminal Liability 11.4 Character, Culpability, and Sentencing 11.5 Leaping into the Bog? 11.6 Alternative Accounts 11.7 Sentencing Practice Revisited 11.8 Conclusion 12 Dangerous Characters 12.1 Dangerousness Provisions in England and Wales 12.2 Justifying Preventive Sentencing 12.3 Actuarial Risk Assessment: Initial Concerns 12.4 How Reliable Is Risk Assessment? 12.5 How Dangerous Is Dangerous? 12.6 Prediction, Incapacitation, and Time 12.7 Pure Preventive Detention 12.8 Conclusion 13 Conclusion 13.1 Summary 13.2 The Uses of Character 13.3 Character’s Renaissance Index 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. The Use Of Character In The Criminal Trial Raises A Number Of Controversial Issues Such As The Nature Of Criminal Responsibility, The Link Between Past And Future Behaviour, And The Way Juries And Judges Reason About Evidence Of Prior Wrongdoing. This Book Reassesses And Reflects On The Significance Of The Law's Increasing Emphasis On Character. Introduction -- The Relevance Of Character -- Character And Prejudice -- The Ethics Of Character Evidence -- Propensity's History: English Law Before The Criminal Justic Act 2003 -- Understanding Propensity Evidence -- Propensity Evidence Under The Criminal Justice Act 2003 -- Propensity, Coincidence, And Acquitted Misconduct -- Character And Credibility -- Good Character -- Punishing Character -- Dangerous Characters -- Conclusion. Mike Redmayne. Formerly Cip. Includes Bibliographical References And Index.