Aimed at promoting the study of technical aspects of criminal law and procedure, this site considers selected cases from the top appeal courts of Australia, Canada, the UK, the USA, the European Court of Human Rights and New Zealand. From August 2004 there have been approximately 800 entries, including book reviews.
Friday, June 22, 2007
Probative value and prejudicial effect
The discretion to exclude evidence when its probative value is outweighed by its illegitimately prejudicial effect has given rise to some difficulties in predicting the admissibility of evidence. The discretion has been enacted in s 8 of the Evidence Act 2006 [NZ]. Here are my observations on how this potentially difficult section should be interpreted.
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment