Lord Folkyngham

Phillips, Jos.

doi:10.1093/nq/s4-ii.43.405-e

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“…111 Lord Phillips expanded on this theme in an extra-judicial speech where he lauded the hearsay and bad character reforms for the increased trust they manifested in the jury. His approval was rooted in the belief that jurors would not give undue weight to hearsay 112 and that under the previous bad character rules jurors probably speculated about the criminal past of accused persons if no mention was made of previous good character. 113 While Lord Phillips did not refer to empirical research to substantiate his arguments-and the Auld and government reform discussions were similarly bereft of such data-his comments are broadly in line with the empirical literature.…”

Section: Empiricism and The Jurymentioning

confidence: 99%

Hearsay, Bad Character and Trust in the Jury: Irish and English Contrasts

Coen

2013

The International Journal of Evidence & Proof

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This article will consider the extent to which the exclusionary common law rules relating to hearsay and bad character, which existed for hundreds of years in England and Wales and still apply in Ireland, were informed by distrust of jury capabilities. The article will focus on this discrete issue, as opposed to conducting a wide-ranging critique of the relevant rules. It will be demonstrated that the rationales for the radical reform of these rules in England and Wales were partly couched in terms of increased faith in juror competence. The exclusionary rules relating to hearsay and bad character in Ireland and the reformed English law, which is inclusionary in effect, will be analysed in light of empirical jury studies examining the ability of jurors to evaluate these two types of evidence. The capacity for different approaches to certain types of evidence to reflect varying conceptions of the jury and its perceived competence is a central theme of this article, as is the importance of testing juror performance empirically.Hearsay and bad character: the common law rules n this section a brief explanation of the common law rules of hearsay and bad character will be given. The focus will be on the broad tenor of these exclusionary rules. The common law rules, supplemented by statute, form the relevant law in Ireland at present and are very similar to the law which

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Section: Empiricism and The Jurymentioning

confidence: 99%

Hearsay, Bad Character and Trust in the Jury: Irish and English Contrasts

Coen

2013

The International Journal of Evidence & Proof

View full text Add to dashboard Cite

show abstract

Lord Folkyngham

Cited by 1 publication

References 0 publications

Hearsay, Bad Character and Trust in the Jury: Irish and English Contrasts

Hearsay, Bad Character and Trust in the Jury: Irish and English Contrasts

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