Pre-verdict judicial fact-finding in criminal trials with juries

Pattenden, Rosemary (2008) Pre-verdict judicial fact-finding in criminal trials with juries. Oxford Journal of Legal Studies, 29 (1). pp. 1-24. ISSN 0143-6503

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Abstract

In criminal trials with a jury, judges have many opportunities to engage in adjudicative fact-finding before the jury retires. English law has no conceptual framework for examining this judicial fact-finding which encompasses two categories of collateral fact (preliminary and underlying fact) and foreign law. A third category of collateral fact (conditional fact) is decided by the jury. The article examines the nature of judicial fact-finding and the history and rationale for this allocation of fact-finding responsibility between judge and jury.

Item Type:	Article
Uncontrolled Keywords:	sdg 16 - peace, justice and strong institutions ,/dk/atira/pure/sustainabledevelopmentgoals/peace_justice_and_strong_institutions
Faculty \ School:	Faculty of Social Sciences > School of Law
Depositing User:	Julia Sheldrake
Date Deposited:	11 Nov 2010 16:56
Last Modified:	26 Jan 2023 11:30
URI:	https://ueaeprints.uea.ac.uk/id/eprint/10781
DOI:	10.1093/ojls/gqn028

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