This is a document is a full mark model answer for Criminology Unit 3 (Crime scene to courtroom) 2.3. This can be used as inspiration for your brief for the controlled assessment, or taken into the controlled assessment for guidance. WARNING: you may be disqualified from the exam for plagiarism if ...
2.3 - Understand rules in relation to the use of evidence in criminal cases
Relevance and admissibility
The reliability of evidence refers to whether the evidence is credible, authentic
and accurate. Credibility suggests whether the evidence is believable, and an eyewitness
testimony may be argued to be not 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, and
expert witnesses may produce inaccurate testimonies in court, such as Sir Roy Meadow
did in the case of Angela Cannings.
Relevance outlines two types of fact: facts in issue and relevant facts. Facts in
issue are ideas the prosecution and defense argue to be either true or untrue. In the case
of O.J Simpson, the prosecution would argue that the defendant did murder his ex-wife
Nicole Brown Simpson, whereas the defense’s role would be to prove his innocence.
Relevant facts are facts used which support or disprove the fact in issue. For example,
the relevant fact the prosecution argued that the shoe print found at the crime scene
matched Simpson’s size 12 feet, which supports their claim.
Admissibility of evidence
Two types of evidence not admissible in court are illegally obtained evidence and
improperly obtained evidence. Illegally obtained evidence is when the police use illegal
means that breaks a human’s right to obtain the evidence. This can be through
conducting a search without a warrant or demeaning the defendant into a confession.
Improperly obtained evidence is when the police use entrapment to gain a confession
from their suspect. This occured in the case against Colin Stagg, where a female officer
spent 6 months creating a false relationship with Stagg to trick him into confessing to the
murder of Rachel Nickell. Stagg was acquitted due to the police obtaining the
information improperly. Evidence acquired in these ways are not admissible.
Under the Criminal Justice and Public Order Act 1994, those under arrest or
questioning have the right to remain silent. However, under the same act the jury is
allowed to make presumptions about the defendant if they fail to answer the police’s
questions or if they fail to testify in court. It is important to note their conviction can not
be based on the defendant's choice to remain silent, but it can reflect badly on their
character.
Similarly, The Criminal Justice Act 2003 outlines a bad character as ‘evidence of or
disposition towards misconduct’ - misconduct includes those who have had a child taken
into care, those with a bad disciplinary record and those found to be racists and bullies.
This can be disclosed as evidence in certain cases, especially in cases where the
defendant has a reputation of lying or to prove the defendant has a good character.
Evidence deemed to be contaminated and affected the defendant’s character, the jury
may be asked to acquit the defendant, or order a retrial.
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