AC 2.4
Evidence
Evidence is items or statements which link a suspect to a crime, and these can be used to prove guilt.
This can be physical or testimonial and can affect cases both positively and negatively. Evidence
must pass certain tests before it can be used in court.
Evidence can be positive to trials as it can help to get people convicted of a crime when they claim to
be innocent. An example of evidence having a positive impact is in the case of Angela Cannings. She
was charged and convicted with the murder of her two sons who died as infants. At a later appeal
Angela was acquitted as evidence, provided by her sister, showed that she had had a similar
experience with her own children. It was found that genetics could be the explanation for these
deaths. This was a positive use of evidence as it allowed Angela, who was innocent, to be released.
Evidence can also have a negative impact due to a few reasons. For example, evidence can be
planted, people can lie or misremember events in statements, and contamination can lead to
innocent people being convicted. An example of a case where evidence had a negative impact is that
of David Butler. David was accused of the murder of Anne-Marie Foy after his DNA was found on her
body. It turned out that he had a condition which caused flaky skin, which meant his DNA was more
likely to be easily transferred to other people or objects. As her taxi driver his DNA could have got
onto her through other means. David was eventually acquitted when he was found innocent, but the
evidence had a negative impact as it caused him unnecessary stress and could have led to him being
put in jail.
Witnesses
Witnesses are people who saw a crime occur. They can be brought into cases by either the defence
or the prosecution and they give testimonies which help to prove innocence or guilt. They are cross-
examined in court, meaning they are thoroughly questioned in order to assess the credibility of
everything they are saying.
Witness testimonies can positively impact trials as they can help get convictions by bringing certain
information to the attention of the police. They can also be used to back up evidence. One example
of witnesses being a positive part of criminal trials is in the case of Colin Pitchfork. After several
murders of young girls had occurred in Leicestershire, police decided to take blood tests of all the
men in the local area to try and find a match to the DNA found on the bodies. Pitchfork convinced
his friend to do his blood test for him. This friend mentioned that he had taken this test to someone
else, who reported it to the police. It was this hearsay evidence that led to Colin Pitchfork being
found and convicted. This is positive as it means that victims are getting justice and Pitchfork is
prevented from taking further victims.
However, witnesses can also be negative in trials as they can be dishonest or misremember crucial
facts. For example, in 1984, Jennifer Thompson was raped by a stranger who broke into her house.
She helped to form a sketch of the perpetrator, by police sketch artists. Later she identified a man in
a photo line-up and an ID parade, who looked similar to her sketch. This man, Ronald Cotton, spent
over 10 years in prison before DNA evidence showed another man was responsible for the rape, and
Ronald was exonerated. Due to Jennifer misremembering her attacker, she now has to live with the
guilt of causing an innocent man to be imprisoned, whilst Ronald lost years of his life to jail and now
has to live with the memories of that experience. This shows how witnesses can negatively impact
trials.
Evidence
Evidence is items or statements which link a suspect to a crime, and these can be used to prove guilt.
This can be physical or testimonial and can affect cases both positively and negatively. Evidence
must pass certain tests before it can be used in court.
Evidence can be positive to trials as it can help to get people convicted of a crime when they claim to
be innocent. An example of evidence having a positive impact is in the case of Angela Cannings. She
was charged and convicted with the murder of her two sons who died as infants. At a later appeal
Angela was acquitted as evidence, provided by her sister, showed that she had had a similar
experience with her own children. It was found that genetics could be the explanation for these
deaths. This was a positive use of evidence as it allowed Angela, who was innocent, to be released.
Evidence can also have a negative impact due to a few reasons. For example, evidence can be
planted, people can lie or misremember events in statements, and contamination can lead to
innocent people being convicted. An example of a case where evidence had a negative impact is that
of David Butler. David was accused of the murder of Anne-Marie Foy after his DNA was found on her
body. It turned out that he had a condition which caused flaky skin, which meant his DNA was more
likely to be easily transferred to other people or objects. As her taxi driver his DNA could have got
onto her through other means. David was eventually acquitted when he was found innocent, but the
evidence had a negative impact as it caused him unnecessary stress and could have led to him being
put in jail.
Witnesses
Witnesses are people who saw a crime occur. They can be brought into cases by either the defence
or the prosecution and they give testimonies which help to prove innocence or guilt. They are cross-
examined in court, meaning they are thoroughly questioned in order to assess the credibility of
everything they are saying.
Witness testimonies can positively impact trials as they can help get convictions by bringing certain
information to the attention of the police. They can also be used to back up evidence. One example
of witnesses being a positive part of criminal trials is in the case of Colin Pitchfork. After several
murders of young girls had occurred in Leicestershire, police decided to take blood tests of all the
men in the local area to try and find a match to the DNA found on the bodies. Pitchfork convinced
his friend to do his blood test for him. This friend mentioned that he had taken this test to someone
else, who reported it to the police. It was this hearsay evidence that led to Colin Pitchfork being
found and convicted. This is positive as it means that victims are getting justice and Pitchfork is
prevented from taking further victims.
However, witnesses can also be negative in trials as they can be dishonest or misremember crucial
facts. For example, in 1984, Jennifer Thompson was raped by a stranger who broke into her house.
She helped to form a sketch of the perpetrator, by police sketch artists. Later she identified a man in
a photo line-up and an ID parade, who looked similar to her sketch. This man, Ronald Cotton, spent
over 10 years in prison before DNA evidence showed another man was responsible for the rape, and
Ronald was exonerated. Due to Jennifer misremembering her attacker, she now has to live with the
guilt of causing an innocent man to be imprisoned, whilst Ronald lost years of his life to jail and now
has to live with the memories of that experience. This shows how witnesses can negatively impact
trials.
