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
Party autonomy
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
By definition, adversarial…
Parties are fighting to win, not fighting to reveal the truth
Improperly obtained real evidence
prohibition against the admissibility of this evidence
Exception to prohibition
Where public interest outweighs individual right to a fair trial
Authority for exception to prohibition
Lawrie v Muir
Effect of prohibition
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
Standard of proof
Two standards of proof:
1) reasonable doubt
2) balance of probabilities
When might reasonable doubt be used
To establish special defence and satisfy evidential burden
Effect of these standards
Neither standard requires absolute truth. Only more than 50%
Similarly, jury only needs simple majority to make decision
Secondary hearsay authority
s.259 CPSA
Effect of prohibition of SH
Cannot attest the truth of a spoken statement
exception - res gestae
Authority for res gestae
Ratten v R
What is the main goal then
Procedural fairness
Procedural fairness
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
Central values of justice system that demonstrate procedural fairness
Right to fair trial
presumption of innocence
Why is procedural fairness prioritised
To protect individuals from arbitrary exercise of power by the state
To ensure rule of law
Conclusion
Answer the question
