Pre-verdict judicial fact-finding in criminal trials with juries

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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.
Original languageEnglish
Pages (from-to)1-24
Number of pages24
JournalOxford Journal of Legal Studies
Issue number1
Publication statusPublished - 2008

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