"THE CONCEPT OF RELEVANCE IN THE LAW OF EVIDENCE IS NOT AS STRAIGHTFORWAD AS IT APPEARS TO BE." DISCUSS
ABIOLA PEDRO "THE CONCEPT OF RELEVANCE IN THE LAW OF EVIDENCE IS NOT AS STRAIGHTFORWAD AS IT APPEARS TO BE." DISCUSS It is difficult to spell out a straightforward definition of the concept of relevance (Tapper, p71). In the R v Nethercott case, it was held that any two facts to which the concept of relevance is applied are so related to each other that according to the common course of events, one either taken by itself or in connection with other facts, proves or renders probable the past, present or future existence or non-existence of the other. According to Lord Simon in DPP v Kilbourne, "Evidence is relevant if it is logically probative of some matter which requires proof... It is sufficient to say ... that relevant (that is, logically probative or disprobative) evidence is evidence which makes the matter which requires proof more or less probable" (Allen, p8). Essentially, relevant evidence is that which makes the matter requiring proof more or less probable. In this sense, relevance is arguably an absolute concept, as proof of one fact either makes the existence of another more probable, or it does not. Notwithstanding, relevance is often regarded as variable, just as evidence can be regarded as more or less relevant. Zuckerman describes relevance as "having a contextual and dynamic nature", and the relevance of one fact to another can be judged on its own or in
Theories , Punishment and Law
What is the Dangerous Severe Personality Disorder (DSPD) Programme? Dangerous Severe Personality Disorder is a term to describe a small group of people with a severe personality disorder who, because of their disorder pose a significant risk of serious harm to the public. The government introduced the term DSPD in a consultation paper 'Managing Dangerous People with Severe Personality Disorder' in 1999, which proposed how to detain and treat a small minority of mentally disordered offenders. The main objectives of the governments proposals are to ensure that dangerous people with DSPD are kept in detention for as long as they pose a high risk to others, "Public protection is the central aim of the programme,"1and to modernize the NHS by providing a high quality service to enable them to deal with the consequences of their disorder, reduce their risk to others and can work towards successful re-integration into the community. In England and Wales three are 2,400 people thought to have DSPD. The Home Office estimates that, 1,400 are already in prison; a further 400 are patients in high security psychiatric hospitals with between 300-600 in the community, about 98% of those with DSPD are believed to be men2. Studies suggest that hardly any women perhaps even none, meet the criteria3. The DSPD programme is piloted by the Home Office, Department of Health and the Prison
How reliable is Eyewitness Testimony?
How reliable is Eyewitness Testimony? Eyewitness testimony is often important or even crucial evidence in a trial. Therefore the reliability of it is an important factor. The testimony given by an eyewitness provides crucial evidence which can determine whether or not a defendant is convicted. Eyewitness testimony is highly regarded by the courts, however there is a great deal of empirical evidence to suggest that eyewitness testimony is not that reliable and the faith placed in by the courts is unjustified. However this research was not taken seriously until the late 1990s by criminal justice personnel. 'More than 100 people who were convicted prior to the development of forensic DNA have now been exonerated by DNA tests and more than 75% of these people were victims of mistaken eyewitness identification.' (Olson and Wells 2003, p. 278). There a numerous ways in which the reliability of eyewitness testimony can be reduced. One of the factors that can affect eyewitness testimony is the use of language for example the use of leading questions (questions that imply the correct answer). Loftus and Palmer (1974) showed participants a film of a car accident, and later asked them questions relating to it. Each participant was asked to estimate how fast the car was travelling when it 'hit' the other car. By replacing the word 'hit' with the word 'smashed' Loftus and Palmer were
'The hearsay rule ought to be abolished. Its exceptions are complex and lead to the arbitrary exclusion of cogent evidence' - Discuss.
' The hearsay rule ought to be abolished. Its exceptions are complex and lead to the arbitrary exclusion of cogent evidence' Discuss Plan Intro Argument for hearsay Reasons . Law commissions findings Exceptions and exclusions Against Statute. Safety valves. Law commission Zuckerman report conclusion Insert introduction Definition of the hearsay rule: 'No-one seems to dout that the hearsay rule as applied in criminal cases in this country is imperfect' (Tapper, C) Cross & Tapper: A statement other than one made by a person giving oral evidence in the proceedings is inadmissible as evidence of any fact [or opinion] stated.1 Section 1(2)(a), Civil Evidence Act 1995: 'Hearsay' means a statement made otherwise than by a person while giving oral evidence in proceedings, which is tendered as evidence of the matters stated. Identifying hearsay There are three ingredients of hearsay: (1) A statement or assertion (2) Made by a person other than while giving evidence in the proceedings (3) Which is tendered in order to prove the truth of some fact asserted in it. X, a shopper, states to W, a store detective, "D picked up a book and ran off without paying". If D is charged with theft of the book this statement is relevant, but the hearsay rule will prevent the prosecution calling W to testify that he heard W say this, since the purpose of doing so is to ask
Analysis of Fingerprint Evidence using Digital Imaging Techniques.
Analysis of Fingerprint Evidence using Digital Imaging Techniques Digital Imaging for Fingerprint Enhancement (DIFE) involves the conversion of a picture or image of a print into a digital file, usually by the use of scanners and digital cameras. The scientific process for this is by use of a grid of detectors known as a charge coupled device (CCD) that detect light patterns and convert them to an electrical signal. The detectors each correspond to the pixels on a digital image; each pixel takes on a particular shade of grey according to the quantity of light the sensor it is representing detects. The more sensors used in the CCD, the more pixels can be created and therefore the more accurate and detailed is the representing image. The digital file created can then be enhanced in several ways; an interfering background can be removed from the image, the contrast between the print and the background can be increased and the intensity difference between each pixel can be increased in order to sharpen up the image. Digital imaging also allows computer-aided image matching in which the software can search for similar prints for subsequent analysis by the fingerprint expert. The CCD is an electronic imaging system where the process of light capture, is performed by photo diodes. Here each incident photon frees up an electron, which can be stored for a subsequent readout, the
The standard definition of hearsay as found in the widely used Black's Law Dictionary.
The standard definition of hearsay as found in the widely used Black's Law Dictionary1: "A statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted. Hearsay evidence is testimony in court of a statement made out of court, the statement being offered as an assertion to show the truth of the matter therein, and thus resting for its value upon the credibility of the out of court asserter. Evidence not proceeding from the personal knowledge of the witness, but from the mere repetition of what he has heard others say" However as the definition above also states, there are numerous exceptions to the hearsay rule. An example is when the original declarant is not available and the statement contains indicia of reliability. What is important is that the use of an out of court statement as an assertion of the truth of the content of that out of court statement, as the definition above reads, " to show the truth of matters asserted therein, and thus resting for its value upon the credibility of the out of court asserter". The concern of the hearsay rule is that matters of fact asserted by an individual rely for their truth in part upon the credibility of the individual asserting them. The hearsay rule generally disallows the use of out of court statements as evidence of the truth of the
Eyewitness Testimony
Eyewitness Testimony Numerous research studies have identified several problems with eyewitness testimony. One of the main researchers in this field is Elizabeth Loftus. Although it is known that schemas can affect the way we remember events, Elizabeth Loftus has been interested in the effects on memory of information provided after the event. Many studies were carried out that showed that memory for events can be changed or supplemented by later information. The experimental method was used, which has the advantage of the controlled environment of the laboratory, but which uses stimulus material that mimics real-life situations. For example in one experiment conducted by Elizabeth Loftus 150 participants were first shown a film depicting a shocking even, which in this case was a car accident. In the interval, between viewing the slides and being tested for recall, participants were spilt into two groups and asked ten questions about what they had seen. Group 1 were asked questions which were entirely consistent with the original film, in contrast to group 2 who were given the same questions except one which was changed to a question which conflicted with the original witnessed event. After one week, all of the participants were asked a further ten questions, and for the final question it was a conflicting question. Loftus found that only 2.7 per cent of the participants