EVIDENCE ABOUT GUILT: BALANCING THE RIGHTS OF THE INDIVIDUAL AND SOCIETY IN MATTERS OF TRUTH AND PROOF
AbstractIn this essay the author argues that the purpose of the criminal law is to ensure justice by principled decisions about the admission of evidence so to establish the truth. This search for truth, of necessity, requires the balancing of societal interests with those of the accused. The writer offers a searching analysis of our current law of evidence to determine whether or not an appropriate balance has been reached.
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