QMC Criminology

AC2.4

Assess key influences affecting the outcome of criminal cases

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.

Why in the Rachel Nickell case, did the judge find that there was no case to answer against Colin Stagg?

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Part 3

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)

Ronald Cotton Celebrates 24th Exoneration AnniversaryIn July 1984, an assailant broke into Jennifer Thompson-Cannino’s apartment and sexually assaulted her; later that night, the assailant broke into another apartment and sexually assaulted a second woman. The evidence at trial

Expert Witnesses

Angela Cannings's wrongful conviction for killing childrenJamie Doward talks to Angela Cannings about her wrongful conviction for killing her children and why she hopes that a new BBC film will prevent similar miscarriages of justice.

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.

Read the following about R v Alexander and Steen in the article below about Juror infatuation.

news.bbc.co.uk/1/hi/england/3934629.stm

Judiciary

£1.75m robbery suspect to face trial without juryJohn Twomey's case to be heard by a single judge due to 'significant' danger of 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.

news.bbc.co.uk/1/hi/8453318.stm

news.bbc.co.uk/1/hi/uk/8454102.stm

www.cps.gov.uk/legal-guidance/non-jury-trials

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?

Abandon trial by jury? That would hardly restore trust in the justice system | Catherine BennettThe lord chief justice’s suggestion of how to wade through the backlog of cases is an unnerving idea

Alternatives to the jury trial: a threat to our system | Exchange ChambersWe are repeatedly told that we are all going to have to get used to ‘a new normal’. The Criminal Justice System, it seems, is no exception.

Perverting the course of justice?They admitted it. The judge said they had no defence. But last week, two people who attempted to trash a nuclear submarine were acquitted. Marcel Berlins and Clare Dyer on why more and more juries are returning 'perverse' verdicts.

If the judge favours one party over the other then this can also influence the jury's decision

Rv Wang (2005)

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.

PM defends 'tough' riot sentencesPrime Minister David Cameron defends courts for handing out tough sentences for those involved in the riots.

Peers back 'Jane's law' on bailThe House of Lords backs changes to the bail laws following a campaign by the parents of the murdered Lancashire nurse, Jane Clough.

Some riot sentences 'too severe'Some MPs, campaigners and lawyers say a number of sentences given to those involved in last week's riots in England are too harsh.

'Harper's Law' bill receives Royal AssentLissie Harper campaigned for a change in the law after her husband was killed in 2019.

Boost for public safety as four justice bills receive Royal AssentThe government delivers on its pledge to protect the public better and restore confidence in the criminal justice system as four major bills became law today (28 April).

Tackling violence against women and girls strategyThe document is the new strategy covering the government’s plan to tackle violence against women and girls.

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.

Attorney general warning over Reading attack coverage as national press 'pushes barriers' on Contempt of Court - Press GazetteThe Attorney General’s office is monitoring coverage of Saturday’s suspected terror attack in Reading over contempt of court concerns.

news.bbc.co.uk/1/hi/8519995.stm

Leveson Inquiry: Media vilified me, Christopher Jefferies saysThe landlord wrongly arrested over Joanna Yeates's murder tells an inquiry the media "shamelessly vilified" him to "blacken his character".

Duncan Campbell: Trial by tabloid ensured there was another victim in the Rachel Nickell caseDuncan Campbell: Trial by tabloid and police errors framed Colin Stagg for the murder of Rachel Nickell, while Robert Napper went free

Murder trial sisters convicted by the media: Court of Appeal is toldTHE Alison Shaughnessy murder story was a media dream. It was Hollywood turned real life. A spurned lover, helped by her loyal sister, had apparently murdered the wife rival - a true Fatal Attraction.

Media: Did the messengers shoot themselves?: Coverage of the TaylorLAST WEEK the media were found guilty - alongside police officers - of causing the latest miscarriage of justice, which saw two young sisters jailed for a murder they did not commit.

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.

Internet crime search juror sentencedThe juror from Gateshead researched a defendant's previous convictions.

Warning over juror internet researchJuries need to be better educated about the risk of doing their own internet research to prevent future trials being abandoned, researchers warn after surveying jurors at London crown courts.

Contempt of Court: Jurors in the dock | Criminal Law Blog | Kingsley NapleyAn internationally recognised law firm based in central London.

Juror Theodora Dallas jailed for contempt of courtA juror who shared internet research on a defendant with fellow jury members in an assault case is found guilty of contempt of court and jailed for six months.

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