AC3.1 Examine information for validity
Evidence
In a criminal trial, both the prosecution and the defence will produce evidence; it is up to the
magistrates or the jury to decide how valid the evidence is and how much weight to give in
when deciding on a verdict. The CPS requires the evidence to be credible, admissible and
reliable.
Case study- Sally Clark
Sally Clark was an English solicitor who was accused of killing both of her infant sons in
1999. The defence stated that both of the deaths were down to sudden infant death
syndrome (SIDS,) the prosecution used flawed statistical evidence produced by
paediatrician Roy Meadow who stated the chance of two children from the same family dying
of SIDS was 1 in 73 million, this statement was later criticised by the Royal Statistical
Society who confirmed it was invalid and the reliability of Meadows was brought into
question. It was also later discovered that the Prosecutions’ pathologist had failed to disclose
microbiological reports that suggested Clarks’ sons had died from natural causes, the
pathologist was asked directly on the stand about the results of his tests and he failed to
disclose the existence of the withheld results. Clark was sentenced for two counts of murder
with a 10-2 majority and given a mandatory life sentence. Clark was eventually released and
the case was labelled as one of the worst miscarriage of justice cases in the UK.
Case study- Sion Jenkins
Sion Jenkins was accused of brutally battering his foster daughter, Billie-Jo Jenkins, to death
in 1997. The prosecution argued that Sion had become enraged by Billie-Jo’s loud music
playing and sloppy house work and, in a state of frustration, picked up a nearby tent spike
and beat her to death with it. The main piece of evidence produced by the prosecution was
the bloodstains. Forensics confirmed that whoever killed Billie-Jo was standing close at the
time, the prosecution argued that these microscopic bloodstains invisible to the naked eye
were a result of Sions close proximity, one that wouldn’t be explainable by Sion handling
Billie-Jo’s body. The prosecution also disputed Sions version of events, arguing he was lying
in order to create a timeframe that wouldn’t allow him to be the killer- they also noted his
‘strange behaviour’ following the discovery of the body however the defence invalidated this
point stating that this was a normal way to react out of shock. Despite the fact that the
prosecution's case was mostly circumstantial with little solid evidence produced to the jury,
they convicted Sion of the murder. Upon a second appeal, The Criminal Case Review
Committee found the verdict unsafe. Sion was successful in an appeal in 2004 and has
since been released.
Trial verdicts
A trial verdict is made by the jury, magistrate or judge on a case. Trial verdicts can be
disputed to the court of appeal on a number of grounds. A trial verdict must be valid
otherwise it can be overturned on appeal.
Evidence
In a criminal trial, both the prosecution and the defence will produce evidence; it is up to the
magistrates or the jury to decide how valid the evidence is and how much weight to give in
when deciding on a verdict. The CPS requires the evidence to be credible, admissible and
reliable.
Case study- Sally Clark
Sally Clark was an English solicitor who was accused of killing both of her infant sons in
1999. The defence stated that both of the deaths were down to sudden infant death
syndrome (SIDS,) the prosecution used flawed statistical evidence produced by
paediatrician Roy Meadow who stated the chance of two children from the same family dying
of SIDS was 1 in 73 million, this statement was later criticised by the Royal Statistical
Society who confirmed it was invalid and the reliability of Meadows was brought into
question. It was also later discovered that the Prosecutions’ pathologist had failed to disclose
microbiological reports that suggested Clarks’ sons had died from natural causes, the
pathologist was asked directly on the stand about the results of his tests and he failed to
disclose the existence of the withheld results. Clark was sentenced for two counts of murder
with a 10-2 majority and given a mandatory life sentence. Clark was eventually released and
the case was labelled as one of the worst miscarriage of justice cases in the UK.
Case study- Sion Jenkins
Sion Jenkins was accused of brutally battering his foster daughter, Billie-Jo Jenkins, to death
in 1997. The prosecution argued that Sion had become enraged by Billie-Jo’s loud music
playing and sloppy house work and, in a state of frustration, picked up a nearby tent spike
and beat her to death with it. The main piece of evidence produced by the prosecution was
the bloodstains. Forensics confirmed that whoever killed Billie-Jo was standing close at the
time, the prosecution argued that these microscopic bloodstains invisible to the naked eye
were a result of Sions close proximity, one that wouldn’t be explainable by Sion handling
Billie-Jo’s body. The prosecution also disputed Sions version of events, arguing he was lying
in order to create a timeframe that wouldn’t allow him to be the killer- they also noted his
‘strange behaviour’ following the discovery of the body however the defence invalidated this
point stating that this was a normal way to react out of shock. Despite the fact that the
prosecution's case was mostly circumstantial with little solid evidence produced to the jury,
they convicted Sion of the murder. Upon a second appeal, The Criminal Case Review
Committee found the verdict unsafe. Sion was successful in an appeal in 2004 and has
since been released.
Trial verdicts
A trial verdict is made by the jury, magistrate or judge on a case. Trial verdicts can be
disputed to the court of appeal on a number of grounds. A trial verdict must be valid
otherwise it can be overturned on appeal.
