Admissibility of Evidence of Co-defendant’s Bad Character under s. 101(1)(e) Criminal Justice Act 2003

Mentally Retarded Criminal Defendants

Exclusion of Evidence under Section 78 of the Police and Criminal Evidence Act: Practice and Principles

Section 78 of PACE gives the courts a discretion to exclude from a criminal trial evidence which has been obtained unfairly. The section has resulted in much case law. This article is an attempt to analyse the principles which the courts use to decide whether or not to exercise the discretion to exclude. It starts by examining the decisions of the appellate courts in order to try to identify th...

Justice Scalia's Eighth Amendment Jurisprudence: An Unabashed Foe of Criminal Defendants

Removal of Defendants in Federal Criminal Procedure

Predicting restorability of incompetent criminal defendants.

U.S. courts frequently require forensic examiners to offer opinions concerning the likelihood that criminal defendants found incompetent to stand trial can have their competence "restored" through treatment. Yet no jurisdiction has established legal guidelines for testimony concerning restorability, and several authors have suggested that mental health professionals cannot accurately predict wh...