AC2.4 Assess key influences affecting the outcomes of Criminal cases
Evidence
When reaching a verdict, the jury or the magistrates have to consider both testimonial and
physical evidence. Physical evidence is any tangible material that can be touched such as
hairs, fibres and blood stains. Testimonial evidence can come from both eyewitnesses and
expert witnesses in either written or verbal form. Every member of the jury has to take the
affirmation oath to swear they will ensure a fair trial, each member of the jury or member of
the magistrates panel decide what weight will be given to the evidence presented to them.
The prosecution must prove their case beyond all reasonable doubt, if there is any doubt in a
case the jury must convict.
Case study- OJ Simpson
OJ Simpson was accused of killing his ex-wife and her boyfriend in their home in 1994. The
prosecution presented hair fibres that matched OJ on the victim's body which they believed
was proof he had committed the murder. The defence countered this, arguing that OJs hair
was on the victim's body as a result of the crime scene being cross contaminated. A pair of
gloves were also produced as evidence by the prosecution, the defence told the jury that ‘if
the gloves don’t fit you must acquit,’ the gloves didn’t end up fitting OJ and he was acquitted
shortly after.
Media
The media play an important role in the justice system, they have the power to produce bias
amongst the general public and within a jury. Media coverage of a case pre-trial can
manipulate public perception and opinion on a defendant, this is what is meant by the term
‘trial by media.’ This is usually regarded as a breach of the contempt of court act (1981)
which made it illegal to interfere with the course of justice, in biasing a jury, the media
prevented a fair trial.
Case study- Taylor Sisters
Michelle and Lisa Taylor were accused and sentenced for the murder of Alison
Shaughnesssy in 1991. Michelle was rumoured to be sleeping with Alisons’ husband, the
media used this to paint her out as a psychotic jealous mistress who brutally murdered
Alison with the help of her sister. The papers slandered the sisters, biased the jury and the
sisters were found guilty. They spent two years in prison before the court of appeal overruled
the decision.
Witnesses
Witnesses can be called by both the defence and prosecution to support their version of
events. Witness statements can be written or spoken on the stand. If either side wants to
dispute the statement given by a witness, they must appear in court for cross-examination
where they can be asked questions by both sides. The jury can give as much or as little
weight to testimonial evidence as they want when coming to a decision.
Experts
Experts are people who have specialised knowledge, experience and training in a subject
and are able to speak confidently on it in court. Jury’s may be swayed by the evidence
provided by an expert, especially so in cases with complex concepts attached to evidence
Evidence
When reaching a verdict, the jury or the magistrates have to consider both testimonial and
physical evidence. Physical evidence is any tangible material that can be touched such as
hairs, fibres and blood stains. Testimonial evidence can come from both eyewitnesses and
expert witnesses in either written or verbal form. Every member of the jury has to take the
affirmation oath to swear they will ensure a fair trial, each member of the jury or member of
the magistrates panel decide what weight will be given to the evidence presented to them.
The prosecution must prove their case beyond all reasonable doubt, if there is any doubt in a
case the jury must convict.
Case study- OJ Simpson
OJ Simpson was accused of killing his ex-wife and her boyfriend in their home in 1994. The
prosecution presented hair fibres that matched OJ on the victim's body which they believed
was proof he had committed the murder. The defence countered this, arguing that OJs hair
was on the victim's body as a result of the crime scene being cross contaminated. A pair of
gloves were also produced as evidence by the prosecution, the defence told the jury that ‘if
the gloves don’t fit you must acquit,’ the gloves didn’t end up fitting OJ and he was acquitted
shortly after.
Media
The media play an important role in the justice system, they have the power to produce bias
amongst the general public and within a jury. Media coverage of a case pre-trial can
manipulate public perception and opinion on a defendant, this is what is meant by the term
‘trial by media.’ This is usually regarded as a breach of the contempt of court act (1981)
which made it illegal to interfere with the course of justice, in biasing a jury, the media
prevented a fair trial.
Case study- Taylor Sisters
Michelle and Lisa Taylor were accused and sentenced for the murder of Alison
Shaughnesssy in 1991. Michelle was rumoured to be sleeping with Alisons’ husband, the
media used this to paint her out as a psychotic jealous mistress who brutally murdered
Alison with the help of her sister. The papers slandered the sisters, biased the jury and the
sisters were found guilty. They spent two years in prison before the court of appeal overruled
the decision.
Witnesses
Witnesses can be called by both the defence and prosecution to support their version of
events. Witness statements can be written or spoken on the stand. If either side wants to
dispute the statement given by a witness, they must appear in court for cross-examination
where they can be asked questions by both sides. The jury can give as much or as little
weight to testimonial evidence as they want when coming to a decision.
Experts
Experts are people who have specialised knowledge, experience and training in a subject
and are able to speak confidently on it in court. Jury’s may be swayed by the evidence
provided by an expert, especially so in cases with complex concepts attached to evidence
