Unlock your path to an A grade with my comprehensive notes on Unit 3 AC2.4 Assess key influences affecting the outcomes of criminal
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AC2.4 - Assess the Key Influences Affecting the Outcomes of Criminal
Cases
Evidence
● In a trial, the decisive factor for the outcome is the evidence presented
● Each jury member, upon taking the oath, pledges to impartially decide a verdict based on the evidence
● It is at the discretion of each jury member or magistrate to assign significance to each piece of evidence
● In the legal framework of England and Wales, the prosecution bears the responsibility of presenting evidence
to substantiate their claim, a duty known as the burden of proof
● In cases where the standard of proof is set at “beyond a reasonable doubt”, uncertainty necessitates acquittal
● On the contrary, the defence is not obligated to prove anything, instead, they strive to cast doubt on the
presented evidence
Case Study - Jeremy Bamber
★ Bamber was convicted in 1986 for murdering his family with the prosecution persuading the jury that he
staged the scene, placing the gun in his sister's hands to simulate a murder-suicide and secure the inheritance
★ Evidence such as his sister’s arms not being long or strong enough to shoot herself where the bullet hole was
located challenges the validity of Bamber’s claims
★ In essence, this case demonstrates the pivotal role that evidence plays in shaping the outcome of a trial. The
strength and credibility of the evidence presented can either substantiate or undermine the prosecution's
claims, significantly influencing the jury's decision
Witnesses
● In criminal cases, the influence of witnesses is crucial, and the dynamics surrounding their testimony can
significantly shape the trial’s outcome. Both the prosecution and defence can present witnesses with
exceptions such as agreed written evidence or alternative arrangements for vulnerable
● Witnesses, called by either side, may present their evidence in the form of a statement. During examination-
in-chief, witnesses bolster their respective cases, while cross-examination subjects them to questioning from
the opposing side.
● The weight assigned to witness evidence holds substantial sway over the decisions made by jurors
● Brodsky et al noted that racial prejudices or gender stereotypes may impact the credibility of a witness, as
jurors consider factors like knowledge, likability, trustworthiness, and confidence in evaluating evidence.
● Additionally, Kaufmann et al observed that in cases involving sexual assault, jurors often base their
assessment of a rape victim's testimony on emotional expression rather than the content of the statement.
Factors such as a witness's gender, ethnicity, and appearance can further influence the trajectory of the case.
● While juries tend to swiftly believe eyewitness reports, studies reveal the inherent inaccuracy of eyewitness
memory. The Innocence Project discovered that over 70% of 352 overturned wrongful convictions involved
eyewitness misidentification.
Case Study - Ronald Cotton & Damilola Taylor
★ The case of Ronald Cotton serves as a poignant example. Wrongly accused of breaking into Jennifer
Thompson-Cannino's house, Ronald's wrongful imprisonment hinged heavily on eyewitness identification
procedures. Jennifer's repeated identification of Ronald led to a miscarriage of justice.
★ Unreliable or non-credible witnesses can introduce doubt and adversely affect the case's outcome, potentially
leading to an unjust and unfair trial, as exemplified in the case of Damilola Taylor; the prosecution relied
heavily on the EWT of ‘Bromley’ a young witness whose testimony was riddled with lies
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