Noticeboard
| Published date | 01 March 2002 |
| Date | 01 March 2002 |
| DOI | 10.1177/136571270200600204 |
| Subject Matter | Noticeboard |
Notices should be sent to Mike Redmayne, London School
of
Economics, Houghton
Street, London
WC2
2AE. E-mail: M.Redmayne@lse.ac.uk
Journal special issues
A
number of journals have brought out special issues on the general theme of
artificial intelligence and evidential reasoning. This topic may sound daunting,
but it is often interpreted widely to include any analysis of inference, whether
or
not computer-based.
(2001)
22
Cardozo Law Review
numbers
5-6
covers a symposium
on ‘Artificial Intelligence and Judicial Proof, and includes papers
from
Ronald
Allen, Ward Edwards, Marilyn MacCrimmon and David Schum. Antonio Martino
and Ephraim Nissan have edited special issues of
two
journals on a similar theme:
‘Formal Approaches to Legal Evidence’
(2001)
9
Artificial Intelligence
and
Law
numbers
2-3:
‘Artificial Intelligence and Formal Approaches to Legal Evidence’
(2001)
20
Computing and Informatics
numbers
5-6.
Law reform-New Zealand
In
Proof
of
Disputed Facts on Sentence
(Report
76)
the New Zealand Law Commission
considers questions of proof at the sentencing stage. The report includes a review
of practices in different jurisdictions, which reveals significant variation. The
Law Commission’s proposals are relatively straightforward. Where facts relevant
to sentence are disputed, the prosecution should generally bear the burden of
proof to the beyond reasonable doubt standard. Where, however, the defendant
raises a mitigating factor, which is extraneous to the offence and which is
peculiarly within his knowledge, he should bear the burden of proof on the
balance of probabilities.
Law reform-United Kingdom
The Law Commission has published a report on the use of evidence of bad
character. The report endorses a presumption of inadmissibility for evidence that
reveals that a defendant or witness has a bad character. Evidence of bad character
will only be admissible if it has substantial probative value. In addition, where
the prosecution wishes to adduce evidence of the defendant’s bad character as
evidence of his guilt, the evidence will only be admissible if, taking its prejudicial
130
THE INTERNATIONAL
JOURNAL
OF
EVlDENCE
&
PROOF
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