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| NCJ Number:
|
NCJ 100147
|
| Title:
|
Unsworn Statements in Criminal Trials
|
| Corporate Author:
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Victorian Law Reform Cmssn
Australia
|
| Publication Date:
|
1985 |
| Pages:
|
50 |
| Type:
|
Legislation/policy analysis |
| Origin:
|
Australia |
| Language:
|
English |
| Note:
|
Report No. 2 |
| Annotation:
|
In this 1985 report, the Law Reform Commission of Victoria (Australia) concludes that the right of a represented defendant to make an unsworn statement in a criminal trial in any court should be replaced by a right to give unsworn evidence not subject to cross-examination. |
| Abstract:
|
Such unsworn evidence is to be elicited by having defense counsel put questions to the defendant. Before such unsworn evidence can be given, defense counsel is to notify the judge of the intention to do so, and the judge is to inform the jury of the choices open to a defendant and the implications of these choices. Where unsworn evidence has been given, the judge is to remind the jury of the defendant's choices and their implications at the end of the trial. The commission offers this recommendation in the belief there are disadvantaged defendants -- whether from language difficulties, poor health, or limited intelligence -- who would be unjustly harmed by cross-examination. Since the defendant would be giving unsworn evidence, the prosecutor may object when he/she perceives that defense questions to the accused are irrelevant or inadmissible. The commission recommends that the right of an unrepresented defendant to make an unsworn statement of facts as presently permitted by the Evidence Act of 1958 and the Crimes Act of 1958 be retained. The appendixes contain commission study materials and previous work product summaries. |
| Main Term(s):
|
Unsworn statements |
| Index Term(s):
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Defendants ; Australia |
| |
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/Publications/abstract.aspx?ID=100147
|
* A link to the full-text document is provided whenever possible. For documents
not available online, a link to the publisher's web site is provided.
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