- Evidence and Criminal Law
Evidence and Criminal Law
What is evidence
Evidence is the facts that witnesses in the trial give to the jurors or Magistrates. Evidence comes in many forms but our legal system beleives that the truth can only be established by asking witnesses for their accounts of what they saw or heard (called examination in chief) and for the other side of the case to challenge this view (called cross examination).
Evidence includes witnesses to the crime particulalry from the Defendant and the victim. Evidence also includes weapons, video, pictures and other forensic evidence.
Evidence needs to be applied to the AR and MR of the cases relevant to the crime and the case study. Evidence is also required to consider any defences.The challenge faced as an AS and particualry as an A2 Law student is that the scenarios in the exams are very short and often leave a lot of questions about the evidence unanswered.
Problem solving and Non Fatal Offences
The powerpoint below gives you a structure for Non fatal offences such as Assault or Battery. It also gives you some questions to ask about the scenario to ensure the correct evidence is used for each ratio of the case.
Task: You are a member of the jury on the PC Phillips case. The D is charged with murdering PC Phillips by running him over in a stolen car. Listen to the evidence with the Prosecution case first and then the Defendants. Write down any evidence you think is important. At the end decide whether the defendant is guilty or not guitly of murder. Then watch the actual verdict. Do you agree with this?
Prosecutions case video 1
Prosecutions case video 2
Prosections case video 3
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