Ac 3.1: Examine information for validity
Evidence
- Before proceeding with a prosecution, CPS requires evidence to be, admissible, reliable and
credible
- The face that the prosecution’s evidence has to be first convince the CPS gives some
indication that it may be valid, but this isn’t guaranteed
Eyewitness testimony
- Although juries tend to give a lot of weight to eyewitness testimony, it isn’t always valid
- Research shows that witnesses’ memory and the evidence they give can be affected by many
factors, e.g:
➢ Time when the event took place
➢ Whether they discussed what they saw with other people
➢ How long ago they witnessed it
➢ The way questions about the event are put to them in court
- All of this suggests that eyewitness evidence may lack validity
Evidence from experts
- In complex cases, the verdict often hinges on evidence of an expert such as a medical expert
- As a result, the evidence of expert witnesses has a special status: unlike other witnesses,
they’re entitled to give their opinion as experts on the matter in hand
- Therefore, jurors may find their opinion especially credible - even if it's not right
- Could result in a miscarriage of justice
E.g. Sally Clark, convicted of killing her children to inaccurate statistics on cot deaths
Trial transcripts
- Complete and exact written record of every word spoken in court
Use of transcripts
- Are important in ensuring justice for 2 reasons;
1) Are evidence that a defendant can use in an appeal, e.g show irregularities in
the proceedings or biassed summing up by the judge
2) Are used by the Parole Board when considering a prisoner’s application to be
released on parole, e.g. judge may have commented on the risk that the
offender poses to the public
How valid are transcripts?
- Are seen as valid because they are highly accurate and unbiased accounts of the words spoken
in court
- Also recorded as it happens and aren’t based on recollections
Evidence
- Before proceeding with a prosecution, CPS requires evidence to be, admissible, reliable and
credible
- The face that the prosecution’s evidence has to be first convince the CPS gives some
indication that it may be valid, but this isn’t guaranteed
Eyewitness testimony
- Although juries tend to give a lot of weight to eyewitness testimony, it isn’t always valid
- Research shows that witnesses’ memory and the evidence they give can be affected by many
factors, e.g:
➢ Time when the event took place
➢ Whether they discussed what they saw with other people
➢ How long ago they witnessed it
➢ The way questions about the event are put to them in court
- All of this suggests that eyewitness evidence may lack validity
Evidence from experts
- In complex cases, the verdict often hinges on evidence of an expert such as a medical expert
- As a result, the evidence of expert witnesses has a special status: unlike other witnesses,
they’re entitled to give their opinion as experts on the matter in hand
- Therefore, jurors may find their opinion especially credible - even if it's not right
- Could result in a miscarriage of justice
E.g. Sally Clark, convicted of killing her children to inaccurate statistics on cot deaths
Trial transcripts
- Complete and exact written record of every word spoken in court
Use of transcripts
- Are important in ensuring justice for 2 reasons;
1) Are evidence that a defendant can use in an appeal, e.g show irregularities in
the proceedings or biassed summing up by the judge
2) Are used by the Parole Board when considering a prisoner’s application to be
released on parole, e.g. judge may have commented on the risk that the
offender poses to the public
How valid are transcripts?
- Are seen as valid because they are highly accurate and unbiased accounts of the words spoken
in court
- Also recorded as it happens and aren’t based on recollections
