Recommendation 1 Flashcards
3.1 - corroboration
The corroboration rule in Scotland means that one piece of evidence must be backed up by another piece of independent evidence to be valid within court.
Intro
- problematic, leads to lack of evidence
- no trial or a trial which results in not guilty/not proven
- not proven beyond reasonable doubt, despite of arguments as its lack of evidence
3.2 - rape crisis Scotland in 20__/__ there were ____ attempted rapes reported but only ___ prosecuted and __ convicted
Source A
2020/21
2298
152
78
Only around 7% of rape and attempted rape cases gather enough evidence to make it to court. Shows extent of impact of corroboration
3.3 - (EVIDENCE) This shows that rape and sexual crimes are disproportionately convicted due to the fact that many cases cannot be progressed to court due to a lack of corroborated evidence. This shows that a change of the corroboration rule is very important for the integrity of Scottish courts and the justice of sexual offences.
SOURCE A
only 51% of all rape and attempted rape cases get convicted compared to the 91% overall conviction rate.
Connector
- makes sure evidence is dependable so very accurate
- solidifies those who are convicted are those who committed crime
- aids overcrowding crisis as ONLY those who committed the crime are being imprisoned
3.4 -wclawr.org, the corroboration rule hasn’t applied in England or Wales since ____. From 19__ to 19__ there were only _ cases of wrongful conviction of sexual offences identified. From 19__ to 20__, there was an increase to __ wrongful convictions of sexual offences.
1994
1970
1994
8
1995
2016
40
potential to result in a 5 times increase in wrongful convictions of sexual offences.
3.5 -In Scotland, in 20__-__, __% of all convictions resulted in a custodial sentence. Compared to England in 20__, __% of offences resulted in custodial sentences.
2021-22
14%
2023
33%
Increase in those sent to prison without corroboration rule. If Scotland does the same there could be a larger burden on the prison system
