ABSTRACT
The main conclusion of this work is that the seriousness, impact, and counterbalancing (SIC) framework developed in Chapter 3 is a suitable tool for understanding the various assessment models the Court has developed and applied in connection with evidence. This conclusion is based on the interpretations and analyses presented in the previous chapters. The framework can not only explain the mechanisms of the assessment models, or “tests”, but also why they differ from each other. While some tests are absolute, most of them require a balancing act to determine whether the right to a fair trial has been violated or not. The differences also reflect the different rationales behind the various aspects of that right.
