AC1.3 (20 mins)
Testimonial evidence
● Statements/spoken word from D,V+W
● taken before court
● Prior trial P+D must show written statements they may use + list of W may call to
testify
● given in witness box- cross examined
● If p+D accept statements- may only be read to Jury
● Occasionally E read out without W attending (up to jury/magistrates to decide how
much reliance is placed)
● Vulnerable W’s may give E by video link/behind screen
● D cannot be forced to give E - may refuse to enter witness box
● Statements- under oath (false evidence forward-becomes perjury)
● E must be admissible (complying with rules of E)
damilola taylor (not admissible):
○ Young boy stabbed with glass-two older brother
○ Testimonial evidence- 14 year old girl DT
○ Should’ve passed evidential test
○ In admissible court-llies of W extremely obvious (motivated by £50,000 reward)
○ Criticised, little time spent cross checking her E against known facts+videotaped
interviews
● Expert witness testimony- e.g. medical professionals, entomologists+telephone
experts
● allows courtroom to gain specialist knowledge
● Juries trust it
Sally Clark (testimonial E can be incorrect):
○ Accused killing two children
○ Professor Roy Meadows- senior paediatrician
○ Used incorrect stats in court- led to wrongful conviction
○ 1 in 73 million but is 1 on 3000
○ 3 years in prison- misscarriage of Justice
Physical evidence
● Physical/tangable e.g. hair, fibers, fingerprints, blood+biological material
● Locards exchange Principe-every time someone enters environment,
something/traces left behind/taken
● ‘every contact leaves trace’
There will be:
● Trace/contact between V/O + scene
● Trace/contact of V/O (visa versa)
● SOCOs work principle that physical E been left
● Outdoor crime scene- most vulnerable to loss/contamination of E (risk greatest when
investigators fail secure scene properly + weather conditions- e.g. snow + rain
destroy/ruin evidence
Testimonial evidence
● Statements/spoken word from D,V+W
● taken before court
● Prior trial P+D must show written statements they may use + list of W may call to
testify
● given in witness box- cross examined
● If p+D accept statements- may only be read to Jury
● Occasionally E read out without W attending (up to jury/magistrates to decide how
much reliance is placed)
● Vulnerable W’s may give E by video link/behind screen
● D cannot be forced to give E - may refuse to enter witness box
● Statements- under oath (false evidence forward-becomes perjury)
● E must be admissible (complying with rules of E)
damilola taylor (not admissible):
○ Young boy stabbed with glass-two older brother
○ Testimonial evidence- 14 year old girl DT
○ Should’ve passed evidential test
○ In admissible court-llies of W extremely obvious (motivated by £50,000 reward)
○ Criticised, little time spent cross checking her E against known facts+videotaped
interviews
● Expert witness testimony- e.g. medical professionals, entomologists+telephone
experts
● allows courtroom to gain specialist knowledge
● Juries trust it
Sally Clark (testimonial E can be incorrect):
○ Accused killing two children
○ Professor Roy Meadows- senior paediatrician
○ Used incorrect stats in court- led to wrongful conviction
○ 1 in 73 million but is 1 on 3000
○ 3 years in prison- misscarriage of Justice
Physical evidence
● Physical/tangable e.g. hair, fibers, fingerprints, blood+biological material
● Locards exchange Principe-every time someone enters environment,
something/traces left behind/taken
● ‘every contact leaves trace’
There will be:
● Trace/contact between V/O + scene
● Trace/contact of V/O (visa versa)
● SOCOs work principle that physical E been left
● Outdoor crime scene- most vulnerable to loss/contamination of E (risk greatest when
investigators fail secure scene properly + weather conditions- e.g. snow + rain
destroy/ruin evidence
