AC2.4
Assess key influences affecting the outcome of criminal cases
Evidence
Evidence
Evidence lies at the heart of the case. There must be sufficient evidence (physical and/or testimonial) to prove the case beyond all reasonable doubt.
Evidence lies at the heart of the case. There must be sufficient evidence (physical and/or testimonial) to prove the case beyond all reasonable doubt.
Why in the Rachel Nickell case, did the judge find that there was no case to answer against Colin Stagg?
Part 1
Part 1
Part 2
Part 2
Part 3
Part 3
Witnesses
Witnesses
Witness evidence can play a vital part in the verdict of criminal cases. Think about how jurors can be swayed and how they perceive the witnesses (unconscious bias)
Witness evidence can play a vital part in the verdict of criminal cases. Think about how jurors can be swayed and how they perceive the witnesses (unconscious bias)
Expert Witnesses
Expert Witnesses
Barristers and Legal Teams
Barristers and Legal Teams
Criminal trials in the UK are adversarial which means that the prosecution and the defence will present their case to the jury (or magistrate) and challenge the other parties version of the facts. As the system relies on the skill of the advocates, the jury (or magistrate) can be influenced by them.
Criminal trials in the UK are adversarial which means that the prosecution and the defence will present their case to the jury (or magistrate) and challenge the other parties version of the facts. As the system relies on the skill of the advocates, the jury (or magistrate) can be influenced by them.
Read the following about R v Alexander and Steen in the article below about Juror infatuation.
Judiciary
Judiciary
Juryless trial can be tried in the Crown Court if there is a risk of jury tampering.
Juryless trial can be tried in the Crown Court if there is a risk of jury tampering.
Read the articles and assess why this may be necessary and the concerns it raises.
During lockdown due to Covid-19, Jury trials were suspended which created a huge backlog which could take years to clear. Read the following articles about the suggestion by Lord Chief Justice Lord Burnett that the right to trial by jury should be suspended to deal with the backlog. What do you think about this idea?
If the judge favours one party over the other then this can also influence the jury's decision
Rv Wang (2005)
Politics
Politics
Politics has an impact upon the outcome of cases because it influences the laws that are made. Politicians and political parties can lobby to change laws and influence verdicts.
Politics has an impact upon the outcome of cases because it influences the laws that are made. Politicians and political parties can lobby to change laws and influence verdicts.
Media
Media
Media coverage can be biased. Where a case has been reported in the media the public may believe that what is printed is true. There is a danger that this will affect the outcome of a case.
Media coverage can be biased. Where a case has been reported in the media the public may believe that what is printed is true. There is a danger that this will affect the outcome of a case.
The media and juror research
The media and juror research
It is relatively easy for jurors to research a case online or to carry out background research on suspects, the crime scene or the crime itself. This could influence the outcome of the case.
It is relatively easy for jurors to research a case online or to carry out background research on suspects, the crime scene or the crime itself. This could influence the outcome of the case.