Pre-verdict Judicial Fact-finding in Criminal Trials with Juries

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 fo...

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Bibliographic Details
Published in:Oxford journal of legal studies 2009-04, Vol.29 (1), p.1-24
Main Author: Pattenden, Rosemary
Format: Article
Language:English
Subjects:
Admissible evidence
Case law
Common law
Criminal justice
Criminal law
Criminal prosecution
Customary law
Defendants
England
Judges
Judicial process
Juries
Legal culture
Legal evidence
Litigation
Trials
United Kingdom
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Summary: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.
ISSN:0143-6503
1464-3820
DOI:10.1093/ojls/gqn028