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Law of Evidence

Question: Analyse current UK Law relating to the admissibility of expert opinion evidence in criminal trials.

Answer: As a general proposition, the rule in relation to criminal trials is that opinion evidence is inadmissible; a witness may only testify with regard to facts which he actually perceived and not of inferences drawn from those perceptions. In a criminal trial, the drawing of inferences is for the jury or other tribunal of fact and it is up to them to reach an opinion in any given matter, not the witne......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: Outline the development of the Law of Evidence with reference to the evidence of spouses.

Answer: To be compellable, a witness must first be competent. A witness is competent where he can be lawfully called to give evidence, and is compellable if he has a legal obligation to do so . As a general rule, all witnesses are compellable for all parties. In civil proceedings, the only exception to this is the non-compellability of the former spouse of a deceased person . Therefore, the discussion......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: How have the courts blurring of the line between credit and issue affected the law concerning collateral issues and the finality rule? Is there need for reform?

Answer: Cross & Tapper offer an authoritative and well-cited definition of the finality rule: that in general “answers given by a witness to questions put to him in cross-examination concerning collateral facts must be treated as final.” Though the answers need not be accepted as true, the cross-examiner may not go behind the answers and contradict them by other evidence. It is only where cross-ex......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: It is time the rule against hearsay evidence in criminal proceedings was abolished and brought into line with the rule in civil proceedings. Discuss.

Answer: The hearsay ruling, one of the biggest exclusionary rules in the law relating to evidence, has often been criticised. There are those who support it and those who see little relevance in the rule, and would like to see it abolished. In civil cases, the rule now has little application, and could be seen as an indicator of the growing feeling of dissatisfaction with the rule . That said recent cri......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: When psychologists act as expert witnesses a number of issues are raised surrounding the admissibility of their evidence. Discuss these issues with reference to eyewitness testimony and domestic violence, then make suggestions as to how these issues might be resolved.

Answer: In order to prosecute alleged offences, evidence such as testimony from eyewitness, fingerprint, hair, DNA, etc. which should provided in court accurately. These evidences are only allowed in legal proceedings when they are considered to be relevant (i.e. determined on the basis of the logically which is probative value of the evidence) and admissible which is legally receivable irrespective of wh......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: Critically evaluate the importance of judicial discretion to exclude evidence, with particular regard to evidence unlawfully, improperly or unfairly obtained and consider how, if at all judicial discretion has been affected by the Human rights act 1998.

Two part question:

1) How important is the discretion to exclude evidence?

2) How much has judicial discretion been affected by the human rights act?

Answer: The introduction of the Human rights act 1998 have in many ways sent shockwaves throughout UK legal institutions, affecting almost every aspect of the law to a certain degree. The rules and regulations concerning evidence law and the interpretations of the subsequent rules and practices have, as a result, been scrutinized in the light of which the Human rights Act have provided. In this essay,......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: How reliable is Eyewitness Testimony?

Answer: Eyewitness testimony is often important or even crucial evidence in a trial. Therefore the reliability of it is an important factor. The testimony given by an eyewitness provides crucial evidence which can determine whether or not a defendant is convicted. Eyewitness testimony is highly regarded by the courts, however there is a great deal of empirical evidence to suggest that eyewitness testimon......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: Assess the Law with respect to the competence and compellability of spouses in criminal proceedings.

Answer: This assignment considers the law regarding the competence and compellability of spouses in criminal proceedings and whether subsequent reform regarding the compellabilty of the spouse is justified. The suitability of the law relating to evidence by spouses in criminal proceedings has been subject to much debate. There have been concerns raised as to whether the rules of spousal compellability ar......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: Analysis of Fingerprint Evidence using Digital Imaging Techniques

Answer: Digital Imaging for Fingerprint Enhancement (DIFE) involves the conversion of a picture or image of a print into a digital file, usually by the use of scanners and digital cameras. The scientific process for this is by use of a grid of detectors known as a charge coupled device (CCD) that detect light patterns and convert them to an electrical signal. The detectors each correspond to the pixels on......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Law of Evidence

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