Truth Flashcards

1
Q

Introduction

A

Truth in law is not an illusion. It can be defined as the exact circumstances that took place. It is not the primary goal of the Scottish justice system

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2
Q

What features of evidence law support the idea that truth is the ultimate goal of the Scottish legal system

A

Corroboration

Police procedure

Opinion evidence

Secondary hearsay

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3
Q

Corroboration

A

every crucial fact must be proved by two separate pieces of evidence

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4
Q

How does corroboration promote truth in fact-finding

A

Requirement of two pieces of evidence demonstrates that every fact must be supported by reliable evidence - in pursuit of the true events

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5
Q

However - corroboration

A

Crucial facts can be corroborated by circumstantial evidence alone - that which infers certain events. Therefore, more procedural.

Similarly, various exceptions contained in Moorov v HMA and LAR

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6
Q

Authority for circumstantial corroboration

A

Little v HMA

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7
Q

Opinion evidence

A

General prohibition on this kind of evidence

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8
Q

How does prohibition of opinion promote truth

A

Ensures that witnesses only testify to facts

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9
Q

Police procedure

A

Confessions cannot be unfairly obtained

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10
Q

Confessions

A

Statement against interest. Assumed to be true.

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11
Q

Regulation of confessions

A

Individual has right to seek legal advice before police interview

Admissibility test is fairness

Fairness requirement aims to ensure confessions are true and spontaneous

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12
Q

Authority for right to seek legal advice

A

Cadder v HMA

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13
Q

Authority for confession fairness

A

Brown v HMA

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14
Q

Actual achievement of truth

A

corroboration - meh

Opinion - decent

Confession - yes, but rare

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15
Q

Features of evidence that demonstrate truth is not primary goal

A

Party autonomy

Improperly obtained real evidence

Standards of proof

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16
Q

Party autonomy

A

Judge has no powers of investigation

parties edit their evidence - operative story matches the background story

Witnesses, experts, and evidence are all selected for their usefulness

cross-examination has sole purpose of destroying opposition, not refining truth

17
Q

By definition, adversarial…

A

Parties are fighting to win, not fighting to reveal the truth

18
Q

Improperly obtained real evidence

A

prohibition against the admissibility of this evidence

19
Q

Exception to prohibition

A

Where public interest outweighs individual right to a fair trial

20
Q

Authority for exception to prohibition

A

Lawrie v Muir

21
Q

Effect of prohibition

A

Best evidence is not considered because it was obtained using improper means. If truth was main goal, would be much looser regulation as best evidence would be paramount. This is procedural fairness

22
Q

Standard of proof

A

Two standards of proof:

1) reasonable doubt
2) balance of probabilities

23
Q

When might reasonable doubt be used

A

To establish special defence and satisfy evidential burden

24
Q

Effect of these standards

A

Neither standard requires absolute truth. Only more than 50%

Similarly, jury only needs simple majority to make decision

25
Q

Secondary hearsay authority

A

s.259 CPSA

26
Q

Effect of prohibition of SH

A

Cannot attest the truth of a spoken statement

exception - res gestae

27
Q

Authority for res gestae

A

Ratten v R

28
Q

What is the main goal then

A

Procedural fairness

29
Q

Procedural fairness

A

The rules of a trial are followed and the rights of individuals are respected, meaning that justice has been carried out through lack of prejudice to either party - regardless of outcome of case or truth ascertained

30
Q

Central values of justice system that demonstrate procedural fairness

A

Right to fair trial

presumption of innocence

31
Q

Why is procedural fairness prioritised

A

To protect individuals from arbitrary exercise of power by the state

To ensure rule of law

32
Q

Conclusion

A

Answer the question