Criminology Unit 3 - 2.3 - Understand the rules in relation to the use of evidence in criminal cases
13 views 0 purchase
Course
Unit 3
Institution
WJEC
Criminology Unit 3 - 2.3 - Understand the rules in relation to the use of evidence in criminal cases
These notes helped me achieve 100% in the Unit 3 exam!
Make sure to put these into your own words :)
U3 2.3 Understand rules in relation to the use of evidence in criminal cases
Note- indicate which rules of evidence link to brief
The reliability of evidence refers to whether the evidence is credible, authentic and
accurate. Credibility suggests whether evidence is believable. For example, an eye-
witness testimony may be argued to not be credible if the witness lies or misleads the
court. Authenticity refers to whether the evidence is genuine, and unauthentic
documents may include forged official documents. Accuracy refers to whether the
details are correct. For example, expert witnesses may produce inaccurate
testimonies in court such as Roy Meadows did in the case of Sally Clark. Meadows
failed to explain the limited significance of a statistic in court which was argued for
the prosecution which resulted in Clark found guilty of murdering her 2 sons.
Relevance outlines 2 types of fact: facts in issue and relevant facts. Facts in issue are
ideas the prosecution and defence argue to either prove or disprove. In the case of
O.J. Simpson, the prosecution would argue that the defendant did murder his ex-
wife, whereas the defence would attempt to prove his innocence. On the other
hand, relevant facts are facts which support or oppose the fact in issue. For
example, the relevant fact that the prosecution argued was that the shoe print
found at the crime scene matched that of O.J Simpsons, supporting their claim.
When considering the use of evidence in criminal cases, prosecutors and defence
must ensure the evidence is relevant and admissible, making sure the facts that are
relevant are only presented in court. To ensure evidence is factually secure, there
are five rules that must be followed: improperly obtained evidence, pre-trial
sentence, character evidence and past convictions, disclosure in criminal cases,
and hearsay evidence.
Improperly obtained evidence, also known as entrapment, is defined as inducing
others to break the law for a conviction. This may be through conducting a search
without a warrant or demeaning the defendant into a confession. Judges also have
the discretionary power to exclude evidence if they believe it to have been
obtained through entrapment, however, in rare cases, the court permits both
evidence types if it discovers the truth, however if it endangers a fair trial the judge
can rule it inadmissible. This rule comes from S.78 of the police and Criminal
evidence act 1984, as well as the European Convention on Human Rights. The use of
entrapment was used in the Colin Stagg case through the ‘Lizzie’ evidence, in which
an undercover police woman spent 6 months creating a false relationship with
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through EFT, credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying this summary from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller elliefhutchinson. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy this summary for $5.51. You're not tied to anything after your purchase.
