Unit 3 AC2.4 Assess key influences affecting the outcomes of criminal cases

Question 1

Evidence

Answer 1

Key to an outcome of a trial, as it is presented by both sides during the trial. The jury must only take this into account when deciding a verdict.

Question 2

Media

Answer 2

A means of communicating to the public what is happening at trial. However, biased reporting could have a major influence on the outcome.

Question 3

Witnesses

Answer 3

People who give evidence in court and need to be believed to affect the outcome.

Question 4

Experts

Answer 4

Witnesses with specialised knowledge may seem impressive and believable to a jury and therefore can have a major impact on the outcome.

Question 5

Politics

Answer 5

Activities associated with the government. Laws are established in this way and certain areas can be promoted ad encouraged to be prosecuted.

Question 6

Judiciary

Answer 6

Personnel in charge of the court room and interpreter of the law. How the law is explained or interpreted can have influence on the outcome.

Question 7

Legal Terms

Answer 7

The group of people responsible for advocacy in court. They will have a major impact on the outcome of a case.

Question 8

Evidence

Answer 8

EVIDENCE
Evidence in a trial should gave the main impact on the outcome. Each jury member takes an oath (or affirmation), traditionally as follows: ‘I swear by almighty God that I will faithfully try the defendant and give a true verdict according the evidence.’

The evidence must be only that presented in court in the form of physical or testimonial evidence. It is up to each jury member or magistrate to attach whatever weight they consider appropriate to each piece of evidence. It is important to note that in the law of England and Wales the prosecution must bring evidence to prove the claim they are making; this is known as the ‘burden of proof’.

Question 9

Media

Answer 9

MEDIA
The media can affect the outcome of a criminal case. If a story is published, the public will read it and could believe that the material printed is true, even if it is not.

This may mean that a suspect does not get a fair trial. Under English law a person is innocent until proven guilty, but if a jury has a preconceived idea of media reports this could affect the outcome of a trial.

Question 10

Experts

Answer 10

EXPERTS
A witness with specialist knowledge is known as an expert. Expert evidence can have a major influence on the outcome of a case, especially when that evidence is very technical or relies heavily on statistics

In such a situation the typical jury is likely to be swayed by the expert knowledge and specialist qualifications of the expert. It is human nature to be influenced by experience and credentials; almost a case of being ‘blinded by science.’

Question 11

Judiciary

Answer 11

JUDICIARY
The judges provide clarification on the law and explain the way it is to be applied. Such interpretation is given to the just and hence this and any summary of evidence from the case can influence the decision making. If a judge appears to be biased and favour one side, the jury may by inclined to follow such an opinion. Judges are experienced and highly qualified, which may result in others following their views

Question 12

Witnesses

Answer 12

WITNESSES
Both the prosecution and the defence are entitled to call witnesses in support of their case. If the witness evidence can be agreed, and is not in dispute, it can be read out in court in the form of a statement. This prevents the witness from having to attend the court and give evidence.

However, if the witness evidence is contested the witness must appear in court to give their side of the story, which is called ‘examination-in-chief’. Similarly, if a witness appears to be unreliable, they may adversely affect the outcome of a case.

Question 13

Politics

Answer 13

POLITICS
There are certain activities associated with the government and political areas hat can influence the outcome of a case. Obviously, all statutory laws are produced by parliament, and the politicians debate, vote and produce amendments to the proposals.

In other words, politics influences the laws that legislatures enact.

Question 14

Barristers and legal teams

Answer 14

BARRISTERS AND LEGAL TEAMS
Legal teams can influence the outcome of a court case. For instance, it is possible for a jury to be swayed by a particularly charismatic barrister. Or they may be misled but a barrister’s techniques and ability to present the evidence. There have also been occasions when a juror has become infatuated with a barrister, which could affect the outcome.

The style of criminal proceedings, namely adversarial, also tends to enable the barrister to be influential upon a jury.

Question 15

Judiciary

Answer 15

Judiciary – of, by, or appropriate to a law court or judge; relating to the administration of justice.

Question 16

Barristers

Answer 16

Barrister – a person called to the bar and entitled to practise as an advocate, particularly in the higher courts.

Question 17

Statutory

Answer 17

Statutory – required, permitted, or enacted by statute.

Question 18

Burden of Proof

Answer 18

Burden of Proof – The duty of proving a charge.

Question 19

Examination-in-chief

Answer 19

Examination-in-chief – The questioning of a witness by the party who has called that witness to give evidence, in support of the case being made.