Id of Evidence - Evidence Flashcards
What is the burden of proof in a criminal case?
The burden of proving the elements of the offence is always on the prosecution
The standard is ‘beyond reasonable doubt’, meaning the jury must be sure of guilt.
What does the term ‘legal burden’ refer to?
The requirement to prove an element of your case to a prescribed standard
The standard varies between prosecution and defence.
What is the standard of proof for the prosecution in a criminal case?
‘So that you are sure of guilt’, equivalent to ‘beyond reasonable doubt’
This is the highest standard of proof in the legal system.
In what situation does the defendant have a burden to prove something?
In cases involving defences such as insanity
The defendant must assert a lack of mens rea due to insanity.
What is the evidential burden?
The burden to raise some evidence to satisfy the judge that the matter should be argued before the jury
It is distinct from the legal burden.
True or False: The defence always has a burden to prove their case.
False
The defence can contest the prosecution’s case without incurring a burden.
What happens when the evidential burden is not discharged?
The judge can intervene, and the case may be dismissed
This is rare but occurs when the prosecution fails to provide sufficient evidence.
What is the standard for the defence to prove insanity?
The balance of probabilities
This is a lower standard than ‘beyond reasonable doubt’.
What is required for a defence of self-defence to be considered?
The defence must raise some evidence to ‘pass the judge’
This allows the prosecution to then disprove self-defence.
What must the prosecution prove in a case of burglary?
- The defendant
- On 25 Jan
- Entered as a trespasser
- Did unlawful damage
Each element must be proven beyond reasonable doubt.
What does the Turnbull Guidelines address?
The reliability of identification evidence before a jury
It was established in the case of R v Turnbull [1977] QB 224.
What is the evidential burden in relation to a defence of duress?
The prosecution must disprove the defence beyond a reasonable doubt if sufficient evidence is raised
The defence of duress does not require the defendant to prove anything.
What is the relationship between legal burden and evidential burden?
If you have a legal burden to prove a fact, you also have the evidential burden to pass the judge with the same evidence
This is generally true, except in rare cases.
What is the focus of the element discussed in R v Turnbull?
The investigation stage and guidelines for identification evidence.
What did the Court of Appeal issue in R v Turnbull regarding identification evidence?
Guidelines for judges on cases dependent on disputed identification evidence.
When should a Turnbull direction be given?
When the case against the accused depends ‘wholly or substantially’ on the correctness of visual identification.
What is a Turnbull direction?
A warning to the jury about the need for caution in relying on identification evidence.
What are the three key elements of the special Turnbull warning for the jury?
- Reason for caution
- Examine circumstances of identification
- Specific weaknesses in identification evidence
What type of evidence can support identification?
- Scientific evidence
- Multiple identifications by witnesses
- Accused’s bad character or previous convictions
- Accused’s silence
- Accused’s admissions
What must judges assess at the close of the prosecution case regarding identification evidence?
- Quality of the identification evidence
- Other evidence supporting the identification
What factors should be considered in assessing the quality of visual identification evidence?
- Time of observation
- Distance
- Lighting
- Interference
- Previous acquaintance with the accused
- Time lapse between observation and identification
- Discrepancies in description
What does the mnemonic ADVOKATE stand for in assessing identification evidence?
- A - Amount of time under observation
- D - Distance
- V - Visibility
- K - Known or seen before
- A - Any reason to remember
- T - Time lapse
- E - Error or material discrepancy
What is required when the quality of identification is poor?
Judges should consider if there is supporting evidence; if not, withdraw the case.
What is a dock identification?
Identification of the defendant by a witness for the first time in court.
Why is dock identification considered undesirable?
It is prejudicial as it suggests the defendant is the person responsible for the crime.
What are the two pre-conditions for identification to be a live issue?
- D disputes the identification evidence
- Identification evidence is wholly or substantially the only evidence against D
What happens if a judge withdraws a case from the jury due to weak identification evidence?
The jury is directed to acquit the defendant.
What is required for applications to exclude confessions in a criminal trial?
- Advance notification
- Timing
- Voir dire
- Submissions
What does advance notification entail under the Criminal Procedure and Investigations Act 1996?
It requires a defence statement to include points of law regarding admissibility of evidence.
When can an application to exclude a confession be made in the Crown Court?
At a pre-trial hearing or just prior to opening the case to the jury.
What is a voir dire?
A hearing to resolve disputed facts regarding the admissibility of a confession.
What must the prosecution prove beyond reasonable doubt in a voir dire?
That the confession was not obtained by oppression or anything rendering it unreliable.
What should magistrates do when considering an application under s.76?
Hear evidence to resolve disputes and decide the application as a preliminary issue.
What occurs if a judge fails to resolve disputed facts before ruling on a confession’s admissibility?
Any resulting conviction is likely to be quashed.
What happens if a judge rules a confession admissible?
The prosecution can adduce the confession, but the defendant can still raise issues before the jury.
What is a voir dire?
A hearing to determine the admissibility of evidence, particularly confessions.
What happens if a judge concludes that a confession is admissible?
The prosecution is entitled to adduce the confession.
What can the defence do if the confession is deemed admissible?
The defence can still raise issues of oppression, unreliability, or unfairness before the jury.
What does s.76(2)(a) and (b) refer to?
Provisions concerning the admissibility of confessions based on threats or oppression.
What is the role of the jury regarding confessions?
The jury decides whether they can rely on the confession.
What is required for advance notification in a magistrates’ court?
Any defence skeleton argument must be submitted at least 10 business days before trial.
What is the timing requirement for applications under s.76 in magistrates’ court?
It should be dealt with as a preliminary issue.
What happens if the application in magistrates’ court is only under s.78?
Magistrates have discretion to hear all evidence in the usual way and decide on admissibility later.
What does the judge typically order at the PTPH in the Crown Court?
The judge likely orders the timing for serving skeleton arguments and responses for s.76/78 arguments.
When can an application to exclude a confession be made in the Crown Court?
At a pre-trial hearing specifically for this purpose or just prior to opening the case.
What is required if the application is made under s.76 in the Crown Court?
A voir dire is required if the evidence is disputed.
Fill in the blank: If the ruling excludes the confession, the prosecution _______.
cannot refer to it during the trial.
What must the prosecution do if the confession is ruled admissible?
Adduce the confession during the trial.
True or False: A defendant can raise allegations of threats during the trial itself.
True.
What must the prosecution provide in response to the defence skeleton argument in magistrates’ court?
A response 5 business days after the defence submission.
What happens during a voir dire in magistrates’ court if evidence is disputed?
Magistrates hear evidence on the matter and decide as a preliminary issue.
