Bad Character Evidence and Reprehensible Behaviour

James Goudkamp, ‘Bad Character Evidence and Reprehensible Behaviour’ (2008) 12 International Journal of Evidence & Proof pp.116–140

26 Pages Posted: 26 Feb 2016

See all articles by James Goudkamp

James Goudkamp

University of Oxford - Faculty of Law

Date Written: 2008

Abstract

The Criminal Justice Act 2003 ushered in a new system for determining the admissibility of bad character evidence in criminal proceedings. Unfortunately, this system is riddled with anomalies and plagued by obscurity. These problems contaminate its core as it is unclear what constitutes 'bad character' evidence. This uncertainty is in large part due to the fact that the Act offers little clue as to the meaning of the words 'reprehensible behaviour', evidence of which is 'bad character' evidence. Accordingly, this article asks whether the decisions in which the expression 'reprehensible behaviour' has fallen for consideration shed light on its content. It is concluded that the authorities offer scant guidance and have introduced several difficulties.

Keywords: evidence, bad character

JEL Classification: K19

Suggested Citation

Goudkamp, James, Bad Character Evidence and Reprehensible Behaviour (2008). James Goudkamp, ‘Bad Character Evidence and Reprehensible Behaviour’ (2008) 12 International Journal of Evidence & Proof pp.116–140, Available at SSRN: https://ssrn.com/abstract=2737613

James Goudkamp (Contact Author)

University of Oxford - Faculty of Law ( email )

St Cross Building
St Cross Road
Oxford, OX1 3UL
United Kingdom

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
329
Abstract Views
1,184
rank
115,787
PlumX Metrics