criminal evidence

Question 1

what role does the jury plan in a trial?

Answer 1

finders of facts, determine the truth based on the evidence presented

Question 2

what does the phrase ‘child of the jury system imply’?

Answer 2

the jury system is fundamental to the legal process, relying on the collective judgement of jurors

Question 3

what is epistemology in the context of evidence?

Answer 3

the study of knowledge, focusing on good ways of knowing/understanding what constitutes valid evidence

Question 4

what is the difference between prejudicial and probative evidence?

Answer 4

prejudicial evidence may unfairly sway the jury against the party whilst probative evidence is relevant and helpful in proving a fact in the case

Question 5

why is relevance important in evidence?

Answer 5

must be relevant to admissible - directly relate to the facts being determined by the jury

Question 6

what does PACE s76 allow regarding evidence?

Answer 6

provides general ability to exclude unfair evidence, extending the common law power to ensure fairness in trials

Question 7

what types of evidence are excluded from trials?

Answer 7

privileged information, confidential and opinions, except for expert opinions that are based on specialised knowledge

Question 8

What are the special admissibility rules regarding evidence?

Answer 8

apply to hearsay, generally not admissible unless it meets exceptions, and confessions, which must adhere to specific legal standards

Question 9

What are special jury directions related to evidence?

Answer 9

guidance on good character evidence, which can highlight a defendant’s positive traits, and identification evidence, which requires careful scrutiny for reliability.

Question 10

What is typically the basis for appealing evidence cases?

Answer 10

appeal based on whether the conviction is considered “unsafe.”

Question 11

What does it mean for a conviction to be “unsafe”?

Answer 11

if there are doubts about the reliability or validity of the evidence that led to the conviction

Question 12

What is the core issue in evaluating evidence?

Answer 12

core issue is epistemological, focusing on whether the information presented is “safe” and reliable for determining guilt or innocence

Question 13

What is the difference between probative and prejudicial evidence?

Answer 13

Probative evidence is valuable for proving a point in court, while prejudicial evidence may unfairly sway the jury against a defendant, leading to bias

Question 14

What does the phrase “child of the jury system” refer to?

Answer 14

that the assessment of evidence and its impact is inherently tied to the jury system, which relies on jurors to evaluate the evidence presented

Question 15

R v Loosely; Attorney generals reference (No 3 of 2000) [2002] 1 Cr. App. R. 29

Answer 15

entrapment not a defence - 2 cases were heard together:
name given as a source for drugs in pub, sold cocaine twice
sold cigarettes to defendant, then asked if he could get them heroine, said he ‘was not into that’ eventually they got him to provide some

Question 16

What case involved the issue of entrapment with the exchange of cheap goods for cocaine to an undercover cop?

Answer 16

Moore [2013] EWCA Crim 85.

Question 17

Which article discusses recent developments in entrapment and covert policing, published in 2006?

Answer 17

Ormerod, Recent Developments in Entrapment [2006] Covert Policing Review 65.

Question 18

What is one of the legitimate triggers for a police operation in cases of entrapment, according to Ormerod’s article?

Answer 18

Reasonable suspicion of criminal activity as a legitimate trigger for the police operation

Question 19

What is a control mechanism for testing the police’s good faith in an entrapment case?

Answer 19

Reasonable suspicion of criminal activity

Question 20

What is required to ensure proper control of an undercover police operation, as outlined by Ormerod?

Answer 20

Authorisation and supervision of the operation

Question 21

What concept addresses whether the means used in a police operation are justified for a particular type of offence?

Answer 21

Necessity and proportionality of the means employed to police particular types of offence

Question 22

What do the terms “unexceptional opportunity” and causation refer to in the context of entrapment?

Answer 22

The concepts of ‘unexceptional opportunity’ and causation.

Question 23

What must be authenticated in an entrapment case to ensure its admissibility as evidence?

Answer 23

Authentication of the evidence, such as the conversations and contacts

Question 24

what is the case R v Turner [1975] about?

Answer 24

deals with provocation and murder

Question 25

what did the quote fro the case R v Turner [1975] state regarding jurors and psychiatrists?

Answer 25

“Jurors do not need psychiatrists to tell them how ordinary folk who are not suffering from any mental illness are likely to react to the stresses and strains of life.”

Question 26

What does the CPS guidance say about who can be considered an expert in court?

Answer 26

‘The court is concerned that evidence should not be given by experts who are, patently unqualified or little more than ‘enthusiastic amateurs.’

Question 27

What was the significance of the case R v. Silverlock [1894]?

Answer 27

It involved an amateur graphologist, highlighting the issue of qualifications in expert testimony.

Question 28

What does the case R v Hodges [2003] illustrate about expert witnesses?

Answer 28

It involves a police officer with years of experience, showing that practical experience can qualify someone as an expert.

Question 29

What do the Criminal Procedure Rules state about factors determining the reliability of expert opinion?

Answer 29

Factors include the extent and quality of the data on which the expert’s opinion is based, and the validity of the methods by which they were obtained

Question 30

What is one key consideration regarding inferences in expert opinions according to the Criminal Procedure Rules?

Answer 30

if the expert’s opinion relies on an inference from any findings, it must properly explain how safe or unsafe the inference is, whether by reference to statistical significance or in other appropriate terms

Question 31

What does the Criminal Procedure Rules say about the reliability of results used in expert opinions?

Answer 31

If the expert’s opinion relies on the results of any method (such as a test, measurement, or survey), it must take proper account of matters affecting the accuracy or reliability of those results, including the degree of precision or margin of uncertainty

Question 32

How does the review process affect the reliability of an expert’s opinion according to the Criminal Procedure Rules?

Answer 32

The extent to which any material upon which the expert’s opinion is based has been reviewed by others with relevant expertise and the views of those others on that material are important factors

Question 33

What consideration is given to an expert’s opinion based on material outside their field of expertise?

Answer 33

The extent to which the expert’s opinion is based on material falling outside the expert’s own field of expertise is a factor in determining the reliability of that opinion

Question 34

What does the Criminal Procedure Rules state regarding the completeness of information available to an expert?

Answer 34

information available is crucial, and it must be determined whether the expert took account of all relevant information in arriving at the opinion, including the context of any facts to which the opinion relates

Question 35

How is the range of expert opinion relevant to determining the reliability of an expert’s opinion?

Answer 35

important to know where the expert’s own opinion lies within that range and whether the expert’s preference has been properly explained

Question 36

What is said about the methods used by experts in the Criminal Procedure Rules?

Answer 36

rules state that the expert’s methods should follow established practice in the field, and if they do not, the reason for the divergence must be properly explained

Question 37

What is the significance of the case R (on the application of Wright) v the Crown Prosecution Service [2015] EWHC 628 (Admin)?

Answer 37

case illustrates the application of the principles regarding expert evidence, highlighting the importance of clarity in methodology and the reliability of expert testimony in legal proceedings

Question 38

What was the outcome of the case involving a civilian working for the police who identified magic mushrooms?

Answer 38

The magistrates found the civilian to be an expert in identifying magic mushrooms; however, the methodology was unclear, and no sources were cited to support the claim that mushrooms could be picked as late as October due to climate change

Question 39

Why was the conviction deemed unsafe in the case involving the magic mushrooms expert

Answer 39

The conviction was considered unsafe due to the reliance on the “expert” testimony, which lacked a clear methodology and credible sources, undermining the reliability of the evidence presented