• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

Issues in criminal justice

Extracts from this document...

Introduction

Issues in Criminal Justice Law Assignment 2 Denzil has been charged with the murder of Phoebe, aged 17. His defence will be one of complete denial. When interviewed by the police, Denzil admitted the offence; but he now insists that he did so only because the police pretended to have found DNA evidence linking him to the crime. They had no such evidence. Glass fragments from a window broken at the scene of the crime have been compared with minute glass fragments found embedded in Denzil's clothing. According to a report prepared by Dr Holmes, a forensic scientist who will be called to testify for the prosecution, the chemical composition and refractive index of glass fragments taken from the crime scene exactly match that of the fragments recovered from Denzil's clothing. She added that only two percent of all glass used in the UK would match the glass from the crime scene, and concludes that the fragments found on Denzil's clothing "must beyond reasonable doubt have got there when he broke the window as he killed the deceased". Denzil's wife and mother could each give evidence supporting the prosecution case; but they are reluctant to testify, and will do so 'only if they have no choice'. Explain the prosecution's burden of proof in this case. Deal with both the evidential and the persuasive (legal) burden. 1) The burden of proof is the burden of satisfying the court or jury in a case that certain facts about the case are true. '"The burden of producing evidence means that in general the party that cites specific facts for the substantiation of its claim also has the burden of producing the evidence to prove these facts. ...read more.

Middle

The police within the case stated to Denzil that they had found DNA evidence linking him to the murder of Phoebe, under this pressure Denzil then confessed to the police that he had committed the crime, even if he actually hadn't committed the crime. Prior to the passing of PACE, it was unclear whether under the common law discretion a judge was entitled to exclude evidence on the ground that it had been obtained by unfair means. Some Court of Appeal dicta did suggest that this was permissible if the prosecution evidence had been obtained by the means of a trick, by misleading the defendant or employing oppressive or unfair means. [2] From time to time the courts still employ their common law discretion. Ognall J, for instance relied on the common law discretion to exclude some evidence obtained by an under cover police woman in a some what provocative circumstance at the trial of Colin Stagg. [2] In the case of Thompson, Sinclair and Maver [1995] 2 Cr App R 589, Evans, LJ, addressed the issue of judges possessing the power to exclude any defence evidence in trials involving co-defendants. By a judge intervening in a court case to exclude evidence of one defendant might appear that there is a tipping of the scales in favour of one co-defendant. This is a serious matter, to exclude evidence that the first defendant wishes to call. Inevitably where the co-accused are running cut-throat defences, what is of advantage to defendant one will be of a disadvantage to defendant two. A discretion to exclude a co-defendants evidence could create the impression that the judge, no matter how well intentioned, was stepping into the area, this is undesirable. ...read more.

Conclusion

And this evidence is not necessarily credible if it based on a probability. This is because there is the small percentage or probability that the glass fragment on Denzil did not come from the scene of the crime; it could have come from a different window. However there is the possibility that even if the glass fragment on Denzil's clothing does match the ones at the crime, this does not necessarily mean that Denzil was the person who committed the crime of murdering Phoebe, he may have only broken the reason for some unforeseeable reason. Another fact about Dr Holmes' report which can be defence lawyers can object to is the fact that Dr Holmes concluded that the fragments on Denzil's clothing '"must beyond reasonable doubt have got there when he broke the window as he killed the deceased."' This can be objected to because it is not Dr Holmes' or any expert witnesses duty to concur that the victim actually committed the crime, they are not permitted to make statements such as these because this can be misleading for the jury, this may give the jury the view that because an "expert" has said that the defendant got those fragments on his clothing when breaking the window to kill the deceased then this must be true, because they are an expert and shouldn't make any mistakes. However Dr Holmes could have made mistakes which could have lead her to believe that the fragments matched when they did not. Therefore if the jury convict the defendant based on the expert witness's evidence when the evidence is wrong then the defendant would be wrongly sentenced when he may be innocent. ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our University Degree Criminal law section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related University Degree Criminal law essays

  1. Marked by a teacher

    Critically consider all arguments concerning spousal compellability and conclude whether or not it ...

    4 star(s)

    The Registrar General57 case dealt with the issue of potential sham marriages, where the CoA found that marriages could not be delayed in order to prevent using the spousal compellability rule. Waller LJ insisted that it was not in public interest to interfere with marriage; however, inevitably some individuals will

  2. Marked by a teacher

    Personalism-impact on victims and how Restorative justice conference can balance the interest of victims ...

    4 star(s)

    It is a fact that no matter what they have done to other members of the society, the community still has a continuing relationship with them. We cannot simply segregate them as outsiders as punishment and act in a totally hostile manner towards them.

  1. Marked by a teacher

    Under the current law, homeowners are permitted to use "reasonable force" against intruders.[3] However ...

    4 star(s)

    Firstly, it may result in intruders being more heavily armed so as to encounter any possible disproportionate force.53 Secondly, in permitting a degree of disproportionate force, the law would to an extent, permit householders to exercise extra-judicial punishment on intruders and would encourage vigilantism.54 This is because householders may have

  2. Marked by a teacher

    Criminal Law - A Miscarriage of Justice.

    4 star(s)

    The statistic was subsequently rebutted, and has been rubbished by the professional body for statisticians, and the judge directed the jury to discount it, but it ran constantly through the trial, and we know that for the 10 of the 12 jurors who found Sally guilty, it was hugely influential.

  1. Case Studies on Lawful Arrest

    Clearly, Ann's neighbour's children telling their mother what they saw being subsequently written up as a witness statement is highly questionable. Possibly the witness statement would be excluded as evidence by the court (s.5.4.a) but there is insufficient information available to know.

  2. The media's perspective on crime and the resultant fear of crime.

    The Home office, which is invested with the ultimate political and administrative responsibility for crime control, is accredited because of its responsibility for crime control, is accredited because of its responsibility to Parliament and hence, ultimately to the will of people.

  1. This essay intends to examine the due process controls over the police powers of ...

    service; this sometimes means being discrete or evident about any legal violations, this is of course highly dependent upon the circumstances. Where the concept of rule of law is present, there shall be due process controls in the jurisdiction. For due process to be detected there must be rules protecting

  2. The law on the powers of entry, search and seizure, developed through both common ...

    However s.9(1)22 allows the police to apply to a circuit judge rather than a magistrate in order to access excluded materials and special procedure materials if there is reasonable suspicion, if it is in the public interest (demonstrated in R v Central Criminal Court, Ex p.

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work