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Various issues regarding the law of evidence (Based on a fictional case)
- Essay length: 5303 words
- Submitted: 29/09/2009
The first 200 words of this essay...
Various issues regarding the law of evidence
(Based on a fictional case)
Sam Coppock - 2009
A number of evidential issues arise from this situation. The most obvious one is the burden of proof since the reason for going to court is to prove an issue which is in dispute between the defence and the prosecution. In addition there are a number of specific legal issues which arise in this case. Much of the evidence will be hearsay evidence, Justin's confession is important in this case but he has severe mental difficulties, The identification evidence available is particularly good, the effects of adverse pre trial publicity and the how evidence of previous bad character can be used are also issues.
In Wolmington v DPP1 it was confirmed that the standard of proof in criminal cases is beyond reasonable doubt, in R v Summers2 this was described as the Jury being satisfied so that they are sure of the defendant guilt. This is important because the prosecutions job is to get a conviction so to do this they must make the jury sure that the defendants are guilty.
R v Kray3 is an example of
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