Is judicial consideration of credibility and reliability under section 137 of the Uniform Evidence Law a guarantee of fairness or 'moral treason'?

Operation of s137 of Uniform Evidence Law - requiring exclusion of evidence more prejudicial than probative - recent cases contesting operation - need to understand s 137 in light of its purpose - critical evaluation of how decisions have understood and applied provision in light of purpose - aspect...

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Bibliographic Details
Published inMonash University law review Vol. 40; no. 2; pp. 243 - 282
Main Authors Adams, Michael W.R, Wareham, Christopher K
Format Journal Article
LanguageEnglish
Published Monash University (Australia) 01.09.2014
Subjects
Bias (Law)
Evaluation
Evidence (Law)
Exclusionary rule (Evidence)
Laws, regulations and rules
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Summary:Operation of s137 of Uniform Evidence Law - requiring exclusion of evidence more prejudicial than probative - recent cases contesting operation - need to understand s 137 in light of its purpose - critical evaluation of how decisions have understood and applied provision in light of purpose - aspects of both decisions will lead to misestimation by judges to the effect directions must have on evidence to render its prejudicial effect proportionate to probative value.
Bibliography:Informit, Melbourne (Vic)
MONASH UNIVERSITY LAW REVIEW, Vol. 40, No. 2, 2014, 243-282
ISSN:0311-3140