Book Review: Character Evidence in the Criminal Trial

AuthorAparna Rao
Published date01 April 2016
Date01 April 2016
DOIhttp://doi.org/10.1177/1365712716641034
Subject MatterBook Reviews
Ministry of Justice (2011) Adult Reconvictions: Results from the 2009 Cohort England and Wales.
London: Ministry of Justice.
Munday RJC (1985) Reflections on the Criminal Evidence Act 1898. Cambridge Law Journal 44(1): 62.
New Zealand Law Commission (1997) Evidence Law: Character and Credibility. Discussion Paper, 27.
Wellington: New Zealand Law Commission.
Palmer A (1994) The scope of the similar fact rule. Adelaide Law Review 16: 161.
Pennycook G and Thompson VA (2012) Reasoning with base rates is routine, relatively effortless, and
context dependent. Psychonomic Bulletin and Review 19(3): 528.
Redmayne M (2015) Character in the Criminal Trial. Oxford: OUP.
Rodermond E, Kruttschnitt C, Slotboom A, et al. (2016) Female desistance: A review of the literature.
European Journal of Criminology 13(1): 3.
Sackett PR (1994) Integrity testing for personnel selection. Current Directions in Psychological Science
3: 73.
Saks MJ and Thompson WC (2003) Assessing evidence: Proving facts. In: Carson D and Bull R (eds)
Handbook of Psychology in Legal Contexts, 2nd edn. Chichester: Wiley.
Sampson RJ and Laub JH (2005) A life course view of the development of crime. Annals American
Academy Political and Social Science 602: 12.
Serota KB, Levine TR and Boster FJ (2010) The prevalence of lying in America: Three studies of
self-reported lies. Human Communication Research 36: 2–25.
Stone J (1935) Cross-examination by the prosecution at common law and under the Criminal Evidence
Act, 1898:A commentary on Maxwell vDirector of PublicProsecutions.LawQuarterly Review 51: 443.
Tversky A and Kahnemann D (1983) Extensional versus intuitive reasoning: The conjunction fallacy in
probability judgment. Psychological Review 90(4): 293–315.
Wells GL (2003) Murder, extramarital affairs, and the issue of probative value. Law and Human
Behavior 27(6): 623.
Williams EE (1917) Prisoner’s evidence and previous convictions I. Law Quarterly Review 33: 53.
Zander M and Henderson P (1993) Crown Court Study. Research Study No. 19. London: HMSO.
Jill Hunter
Professor, Law Faculty, UNSW, Australia
Character Evidence in the Criminal Trial. By Mike Redmayne. Oxford: Oxford University Press, 2015. 330 pp,
US$98.50 (hbk). ISBN: 9780199228898.
Since the introduction in December 2004 of the new bad character regime in England and Wales, the
Court of Appeal (Criminal Division) has considered ss. 98 to 112 of the Criminal Justice Act 2003 in
more than 500 cases.
1
Some of the most intellectually challenging cases have arisen in areas not related
to the defendant’s own character.
2
This provides a rich resource for academic investigation. However,
the wealth of material that fascinates the scholar also creates considerable anxiety in the mind of the
practitioner. Review of a work such as Redmayne’s (which deals with a concept that is frequently
1. According to the reviewer’s own research.
2. For example, RvPhillips [2012] 1 Cr App R 25 (now the leading case on co-defendant bad character evidence); RvBovell and
Dowds [2005] 2 Cr App R 27 (non-defendant bad character evidence); RvSaint [2010] EWCA Crim 1924 (important
explanatory evidence).
172 The International Journal of Evidence & Proof 20(2)

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