A.C.2.4 - Assess the key influences affecting the outcomes of criminal cases
Witnesses
● Both parties can call witnesses
● Exceptions for being in court are if both parties agree it can be written: and if the
victim is vulnerable or intimidate, they can give evidence through video link or behind
a screen to protect identities
● Exam-in-chief is when witnesses are called to give evidence in support of the side
they are on. These testimonies then bet cross examine by opposite side + E.g.
● Importance because it determines outcome of trial as unreliable can sway verdict
● Stereotypes: racial prejudices or gender stereotypes by jurors can influence their
ability to believe witness testimony
● Kaufaman found credibility of rape victims depend on emotional response, not
content of evidence
● Brodksy found witness’ confidence, knowledge, likeability are all key factors
● Eye Witnesses can give inaccurate evidence due to faulty memory, Loftus
● 70% of wrongful convictions overturned on basis if DNA evidence
● Pele Williams 1985 - composite sketch matched rape assault. Picked from lineup by
2 victims and a witness, sentenced for 45 years. In prison for 23. Released due to
DNA which unveiled the real criminal. Georgia Innocence Project
Witnesses affect trials as their evidence can be the key factor in conviction, however factors
can affect the outcome in a negative way if memory is distorted.
Barristers and legal teams
❖ Barristers/solicitors are qualified lawyers
❖ Barrister in higher level courts, advocates speaking on behalf of clients. Defence or
prosecution. Wig and gown
❖ Solicitors brief barristers , prepare relevant paperwork and evidence for barrister in
court
❖ B work in court, S work outside (still represent client)
❖ Barristers who are more eloquent, persuasive and charismatic can sway juries
decision to fit their way - based on the adversarial principle 2 sides try to persuade
jury
❖ Highly paid, thousands a day. Rich afford better rep- greater chance of getting off
easy
❖ Legal teams in plea bargaining, D agrees to lesser with lower sentences. Prosecution
would agree if there was a better chance of winning the case.
❖ Jurors infatuation - jurors ‘falling for’ barrister so change verdict.
❖ 2001, 5 Hull officers applied Inquest into the case of ex-soldier Christopher Alder
killed while in custody. Defence argued the woman became infatuated with the family
of Alder’s barrister which tainted the verdict, but application was rejected.
Barristers and legal team’s skills can affect the trial as more experienced and favourable
barristers can sway a jury and criminal case.
Witnesses
● Both parties can call witnesses
● Exceptions for being in court are if both parties agree it can be written: and if the
victim is vulnerable or intimidate, they can give evidence through video link or behind
a screen to protect identities
● Exam-in-chief is when witnesses are called to give evidence in support of the side
they are on. These testimonies then bet cross examine by opposite side + E.g.
● Importance because it determines outcome of trial as unreliable can sway verdict
● Stereotypes: racial prejudices or gender stereotypes by jurors can influence their
ability to believe witness testimony
● Kaufaman found credibility of rape victims depend on emotional response, not
content of evidence
● Brodksy found witness’ confidence, knowledge, likeability are all key factors
● Eye Witnesses can give inaccurate evidence due to faulty memory, Loftus
● 70% of wrongful convictions overturned on basis if DNA evidence
● Pele Williams 1985 - composite sketch matched rape assault. Picked from lineup by
2 victims and a witness, sentenced for 45 years. In prison for 23. Released due to
DNA which unveiled the real criminal. Georgia Innocence Project
Witnesses affect trials as their evidence can be the key factor in conviction, however factors
can affect the outcome in a negative way if memory is distorted.
Barristers and legal teams
❖ Barristers/solicitors are qualified lawyers
❖ Barrister in higher level courts, advocates speaking on behalf of clients. Defence or
prosecution. Wig and gown
❖ Solicitors brief barristers , prepare relevant paperwork and evidence for barrister in
court
❖ B work in court, S work outside (still represent client)
❖ Barristers who are more eloquent, persuasive and charismatic can sway juries
decision to fit their way - based on the adversarial principle 2 sides try to persuade
jury
❖ Highly paid, thousands a day. Rich afford better rep- greater chance of getting off
easy
❖ Legal teams in plea bargaining, D agrees to lesser with lower sentences. Prosecution
would agree if there was a better chance of winning the case.
❖ Jurors infatuation - jurors ‘falling for’ barrister so change verdict.
❖ 2001, 5 Hull officers applied Inquest into the case of ex-soldier Christopher Alder
killed while in custody. Defence argued the woman became infatuated with the family
of Alder’s barrister which tainted the verdict, but application was rejected.
Barristers and legal team’s skills can affect the trial as more experienced and favourable
barristers can sway a jury and criminal case.
