Contents
Volume 70 Number 1 2006
ISSN: 0022-0183 eISSN: 1740-5580
Show list with all abstracts • Links to other issues
Index
iii
Cases
iv
Opinion
Criminal Law Legislation Update
Sally Ireland
1
Court of Appeal
Bad character: Criminal Justice Act 2003; defendant's previous convictions; propensity
6
Bad character: Criminal Justice Act 2003; non-defendant; defendant attacking character of another
11
Criminal Justice and Public Order Act 1994, s. 34: silence in reliance on legal advice
16
Jury deliberations: secrecy
19
Privy Council
Provocation: objective test
23
Articles
Exemplum habemus: reflections on the Judicial Studies Board's specimen directions
Roderick Munday
27
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JCL 70 (2006) 27
Exemplum habemus: reflections on the Judicial Studies Board's specimen directions
Roderick Munday
This article examines the increasingly prominent role specimen directions published by the Judicial Studies Board, and even some of the Board's teaching materials, now play in criminal cases. The specimen directions are virtually ignored in the academic literature, yet are symptomatic of those mildly dysfunctional systems that operate with autonomous juries. Evidence abounds that when summing up trial judges lean heavily upon these sometimes flawed materials, that appellate courts make extensive reference to them in their judgments, and that counsel's arguments are often directly shaped by them. Additionally, there is a significant dialogue being conducted between appellate courts and the Board. This article points up the extent to which the specimen directions have come to mediate UK criminal law and criminal evidence.
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Collaring' the crime and the criminal?: ‘Jury psychology' and some criminological perspectives on fraud and the criminal law
Sarah Wilson
75
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JCL 70 (2006) 75
Collaring' the crime and the criminal?: ‘Jury psychology' and some criminological perspectives on fraud and the criminal law
Sarah Wilson
This article concerns proposed changes to English criminal law, which will be directed at tackling the problem of fraud. Notwithstanding the considerable energy channelled into the genesis of the Fraud Bill currently before Parliament, this article points to the ways in which far too little attention has been paid to the highly ambivalent nature of fraud in societal consciousness. While drawing extensively upon workings of criminology to illustrate the difficulties apparent in achieving societal recognition of fraud as serious crime, and even 'real' crime at all, this article points to a number of problems which might flow from the Fraud Bill's enactment which are far from 'abstract', and which could seriously undermine the raison d'être of the proposed legislation.
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Links to other issues
Volume 65 (2001) : 1 2 3 4 5 6
Volume 66 (2002) : 1 2 3 4 5 6
Volume 67 (2003) : 1 2 3 4 5 6
Volume 68 (2004) : 1 2 3 4 5 6
Volume 69 (2005) : 1 2 3 4 5 6
Volume 70 (2006) : 1 2 3 4 5 6
Volume 71 (2007) : 1 2 3 4 5 6
Volume 72 (2008) : 1 2 3 4 5 6
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