Truth Flashcards
Introduction
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
What features of evidence law support the idea that truth is the ultimate goal of the Scottish legal system
Corroboration
Police procedure
Opinion evidence
Secondary hearsay
Corroboration
every crucial fact must be proved by two separate pieces of evidence
How does corroboration promote truth in fact-finding
Requirement of two pieces of evidence demonstrates that every fact must be supported by reliable evidence - in pursuit of the true events
However - corroboration
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
Authority for circumstantial corroboration
Little v HMA
Opinion evidence
General prohibition on this kind of evidence
How does prohibition of opinion promote truth
Ensures that witnesses only testify to facts
Police procedure
Confessions cannot be unfairly obtained
Confessions
Statement against interest. Assumed to be true.
Regulation of confessions
Individual has right to seek legal advice before police interview
Admissibility test is fairness
Fairness requirement aims to ensure confessions are true and spontaneous
Authority for right to seek legal advice
Cadder v HMA
Authority for confession fairness
Brown v HMA
Actual achievement of truth
corroboration - meh
Opinion - decent
Confession - yes, but rare
Features of evidence that demonstrate truth is not primary goal
Party autonomy
Improperly obtained real evidence
Standards of proof