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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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
DOI: 10.1093/ojls/gqn028

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