One Accused's Evidence of Another's Criminal Disposition

Abstract

This article examines the introduction of evidence by one accused of the criminal disposition of another in a joint trial. Often such evidence is used by an accused to say that he did not commit the offence, the other accused did. The evidence is also introduced to show duress.
The article examines the relevance of such evidence and its justification. Then it shows how the evidence is used in practice and what the appeal courts say about it. The next part examines the different modes of such evidence and their different effects. The last part examines the judge’s discretion to exclude such evidence in the setting of the need to conduct a fair trial and direct a jury properly.]