AC2.4 Assess key influences affecting the outcomes of criminal cases
A range of factors can influence the outcome of criminal cases and there are key influences
on the case that consist of evidence that is presented to court, witnesses, the judiciary,
media, political factors and barristers and legal teams involved in cases.
Evidence
Evidence can either be physical or testimonial and is important in criminal cases as the jury
or magistrates must take into account all of the evidence presented in court. Evidence can
impact the outcome of a trial, this is why each jury member takes an oath that traditionally
states ‘I swear by almighty God that I will faithfully try the defendant and give a true verdict
according to the evidence.’ It is down to each jury member or each magistrate to consider
appropriateness to each piece of evidence. Before a case can even go to trial, in the law of
England and Wales, the police or other investigators must provide enough evidence to
convince the CPS that there is indeed a case against the suspect, and then the CPS must
be confident that there is sufficient evidence that could result in a successful prosecution.
This is known as the burden of proof. Once the case goes to court, the prosecution will
present all evidence and arguments against the defendant. The defence will challenge the
prosecution's case by cross examining the prosecution’s witnesses on their evidence and
present their own evidence. By the end of the trial, the prosecution must have convinced the
jury or magistrates that the suspect is guilty ‘beyond reasonable doubt’ on all aspects of the
charge, if not then the defendant must be acquitted. In the case of Amanda Knox, Knox and
her boyfriend at the time, Raffaele Sollecito, were both found guilty of killing Knox’s
roommate, Meredith Kercher. Both Knox and Sollecito received a 26 and 25 years prison
sentence in an Italian prison. However, in October 2011 both were acquitted and set free.
This was due to the crime scene being contaminated and not closed properly leading to
evidence being invalid. After returning home, Knox finished her degree and began working
as a freelance journalist.
Media
The media can influence the outcome of criminal cases. If a story is published the public will
read it and believe that the material is true, even if it’s not factual. This can result in a
suspect not getting a fair trial. Under the English law an individual is innocent until proven
guilty, but if a jury has a preconceived idea of media reports this could affect the outcome of
a trial. Professor Cheryl Thomas found that a fifth of the jurors serving on high-profile cases
said they had found it difficult to disregard pre-trial media coverage of the case. This is
because high profile cases attract attention and sensationalised reporting, usually with
negative coverage of the defendant which can make it difficult for a fair trial.This is what is
meant by ‘trial by media’ rather than trial by jury on the evidence presented in the courtroom.
In the case of retired teacher Christopher Jefferies, arrested and questioned for the murder
of his tenant Jonna Yeates, tabloids ran high prejudicial articles about jefferies. For example,
the Sun claimed he had been ‘branded a creepy oddball by ex-pupils, a teaching colleague
and neighbours’. Other papers followed suit with the Daily Mirror claiming Jefferies was a
peeping Tom and the Daily Star described him as a foul-tempered angry weirdo. However, it
was later revealed Yeates' killer was a neighbour, Vincent Tabak. The newspapers were
forced to issue a public apology and paid substantial libel damages to Jefferies. Another way
the media can influence the outcome of cases is moral panic. The media may demand
tougher sentences for certain offences or offenders. Following the 2011 London riots those
