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Evidentiary Discretion, Advocacy Ethics and the Search for Truth
How does the barrister’s exercise of evidentiary discretion within the adversarial system expose the tension between moral neutrality, truth-seeking, and the law’s aspiration to operate as a force for good?[1] Introduction The adversarial system entrusts barristers with significant control over the flow, shape and quality of evidence placed before the court. This evidentiary discretion is both a technical and moral power. It determines not only how facts are presented but h
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