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Report on Similar Fact Evidence and the Moorov Doctrine

Report on Similar Fact Evidence and the Moorov Doctrine

Scottish Law Commission #229

by The Stationery Office
Paperback
Publication Date: 23/05/2012

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As the law stands, the prosecution in Scotland cannot rely upon previous convictions to help prove their case against an accused person. If an accused, charged with murder, has been convicted of a number of other murders, the jury will not know this when considering their verdict. Other jurisdictions - most notably England and Wales - have rules which allow such evidence. Should Scots law be changed? In this report the Scottish Law Commission conclude that the present rules restricting the use of evidence that the accused has acted in a similar way on other occasions - including evidence that he or she has committed similar crimes - lack both logic and coherence. It recommends that the law recognise that such evidence can be highly relevant to the question of guilt or innocence. The report argues that all relevant evidence - including evidence of similar previous convictions - should, in principle, be admissible. Included with the report is a draft Bill which would give effect to the recommendations by replacing the present law with a clear and coherent statutory framework for the admission of all relevant evidence in criminal proceedings.
ISBN:
9780108882654
9780108882654
Category:
Politics & government
Format:
Paperback
Publication Date:
23-05-2012
Language:
English
Publisher:
Stationery Office, The
Country of origin:
United Kingdom

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