Approach to Criminal Evidence Law Reform (From Criminal Evidence Law Reform - Proceedings, P 39-53, 1981 - See NCJ-84738)

• NCJ Number: 84740
• Author(s): T H Smith
• Date Published: 1981
• Length: 15 pages
• Corporate Author: Australia Law Reform Cmssn
• Sale Source: National Institute of Justice/
• Language: English
• Country: Australia

Annotation

A member of the Australian Law Reform Commission examines arguments favoring major changes in the rules of evidence in criminal trials, with emphasis on the positions of the commission and of the Criminal Law Revision Committee in England.

Abstract

The Commission examined two views of the purpose of the criminal trial. According to the traditional view, the goal of the trial is to determine whether the prosecution has proved the guilt of the accused person. In contrast, the English committee suggested that a trial's goal is to find out if the accused person is guilty. The Commission supported the traditional approach that it is more preferable to acquit some guilty persons than to convict one innocent person. Thus, the Commission agreed that such protections as the accused person's right to silence should not be removed. Arguments of the Committee are insufficient to justify major changes in the rules of evidence. The Commission does not believe that the traditional view of the criminal trial should be modified to change the balance between the rights of the State and the rights of the accused. However, the Commission should examine and, if necessary, change the laws of evidence to ensure that they reflect and serve the criminal trial's nature and purpose. Additional areas recommended for consideration by the Commission are listed.