WJEC Criminology Unit 3 - AC2.4 Assess key influences affecting the outcome of criminal cases
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WJEC Criminology Unit 3 - AC2.4
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WJEC Criminology Unit 3 - AC2.4
These are my my folder notes from my WJEC Criminology controlled assessment in which i received 97/100 marks; includes notes, model answers, case studies and answer checklists
WJEC Criminology Unit 3 - AC2.4 Assess key influences
affecting the outcome of criminal cases
Evidence - (answers)*In criminal trials, the accused are innocent until proven
guilty.
*The prosecution carries the burden of having to prove their guilt 'beyond all
reasonable doubt' whilst the defence has to prove that the prosecution's arguments
are insufficient for a conviction.
*Evidence has a significant impact on the verdict that the jury comes back with. If
the jury has any doubt about whether or not the accused is guilty, they must come
back with a guilty verdict.
*Therefore, if the evidence is insufficient or flawed, there is a high chance of the
jury passing a non guilty verdict.
Witnesses - (answers)*Witnesses are people who have seen a crime take place-
they may be able to provide details of the incident such as what happened or what
the perpetrator looked like.
*Can be used by both the defence and prosecution to help strengthen their case=
examination-in-chief, but is it up to the jury to decide how much reliance they
place on their testimonies (the evidence they give in court). *Both parties can
question the other's witnesses about the evidence which they have given= cross-
examination.
Witnesses: jurors impact on cases - (answers)*Witness testimonies can have an
impact on the verdict that the jury decides in a trial. If the witness is shown to be
truthful and gives compelling evidence, this can sway the verdict one way or the
other. The same is true for if the witness is proven to be unreliable and untruthful.
*However, the jury isn't just influenced by the actual content of the evidence that
the witness gives but by the witness who gives it.
, *Brodsky et al found that the jurors can be prejudiced towards witnesses, with
factors such as their likeability and confidence affecting how much weight they
give their evidence= jurors may not believe witnesses who are truthful providing
valid evidence on the basis of their characteristics- miscarriages of justice with
innocent people being convicted?
Expert witnesses - (answers)*Expert witnesses are people with specialist
knowledge who give evidence during a trial.
*For example, pathologists and forensic scientists are expert witnesses.
*Due to their special expertise, jurors tend to rely heavily on the evidence they
provide when deciding a verdict.
*However, how expert witnesses present this evidence and how jurors interpret it,
can have a negative impact on the outcome of the case.
Sally Clark's two sons both died at only a couple of weeks old, 3 years apart. She
was arrested and at her trial, Professor Roy Meadow appeared as a witness, telling
the jury there is a "one in 73m" chance of two children dying from cot deaths in an
affluent family.
^Impact:
*Sally was found guilty and given two life sentences.
*There was a huge flaw with Professor Meadow's evidence. 'Prosecutor's Fallacy'=
consists of showing that the "innocent" explanation for certain facts is highly
improbable - and then deducing that the "guilty" explanation is therefore the
correct one. Meadow's calculations and evidence were flawed and illegitimate.
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