Criminal Evidence

LAWS30081 Criminal Evidence 20 Semester 1 Undergraduate Level 3 Claire McGourlay Unit coordinator 1 FHEQ level (Framework for Higher Education Qualifications) ' Last part of a Bachelors ' European Credit Transfer & Accumulation System Rating : 10.0 Criminal Evidence explains the main rules of evidence which govern the conduct of criminal cases in England and Wales. We look at, for example, when judges should exclude evidence (e.g. confessions, sexual history evidence, character and hearsay evidence), and the procedures for examining witnesses (e.g. special measures, competence and compellability) and directing juries (e.g. the right to silence). Criminal evidence details the most important rules and draws attention to the inter-play between them. The course allows students to apply their knowledge of criminal evidence to real life scenarios and places the rules in the context of their rationale, their historical development, and modern criminal justice policy.Criminal Evidence is in places highly technical and should only be taken by non-LLB students who feel competent engaging with case law and legislation. Criminal Evidence explains the main rules of evidence which govern the conduct of criminal cases in England and Wales. We look at, for example, when judges should exclude evidence (e.g. confessions, sexual history evidence, character and hearsay evidence), and the procedures for examining witnesses (e.g. special measures, competence and compellability) and directing juries (e.g. the right to silence). Criminal evidence details the most important rules and draws attention to the inter-play between them. The course allows students to apply their knowledge of criminal evidence to real life scenarios and places the rules in the context of their rationale, their historical development, and modern criminal justice policy.Criminal Evidence is in places highly technical and should only be taken by non-LLB students who feel competent engaging with case law and legislation. The unit aims to:   • To introduce key rules of evidence in the context of their rationale, their historical development, and modern criminal justice policy.  provide students with knowledge of the main rules of criminal evidence which govern the conduct of a case in court.  • To promote critical awareness of the balance between the interests of the state and the individual.  • To explore the connection between the rules of evidence and the nature of the common law adversarial trial.    Understand how the law works alongside criminal law and miscarriages of justice to develop your understanding of law as a fundamental social institution which is shaped by and in turn helps to shape socio-economics structures, power structures and culture. Students should understand the case law surrounding the operation of criminal evidence and the impact of ECHR on criminal evidence. To encourage your critical reflection on your understanding of ‘justice’, with reference to contemporary social issues.    To provide opportunities for the development of intellectual skills and competencies including ‘thinking like a lawyer’. Including critical analysis of the rules governing the provision of evidence in course, including hearsay, bad character, and the burden of standard proof. Analysis of the rules governing the examination and the cross examination of witnesses in criminal trials, drawing on both doctrinal materials and socio-legal research on the criminal justice process. Evaluation of the criminal trial and the law of the evidence in terms of its fairness, accuracy, and respect for the right of defendants, complaints, and witnesses.  A capacity to provide reasoned and critical analysis of evidential issues. An ability to carry out independent library-based research. An ability to present argument coherently and fluently. An ability to structure argument and analysis. An ability to work in groups.  An ability to engage in structured oral discussion. An ability to collect information from the sources available, including electronic resources. An ability to manage one's own studytime and meet deadlines. An ability to discern between the merits or otherwise of competing arguments. An ability to present material orally in front of large group.  There are 22 hours of lectures and 4 x 2-hour workshops. The lectures are front loaded for the first two weeks to allow you more time at the end to complete the second piece of coursework. We teach the course through an interactive handbook and all material is posted via Adobe Express. When possible, we have guest lectures with barristers and solicitors in practice, which brings the course alive and podcast material to watch at the students’ own time and pace dealing with some of the more mundane essential content.  A summative assessment coursework question will be set mid-way through the semester. The assessment will be based around things such as consultation documents or advising a government department of changes to the law and policy. This exercise counts towards the final grade. This is followed by another problem question assessment during the exam period to test student understanding of how the law is applied in practice.     0 Other 50% 2 Written assignment (inc essay) 50% Online Coursework 1500 words: 50%Online Coursework 1500 words: 50% Feedback is provided in several ways. Students will receive written and oral feedback on assessments. Students should also consider responses to their submissions in seminars as feedback on their progress. Finally, post examination, an outline of issues, giving guidance on appropriate content for examination and answers, will be provided.  There is a feedback hour each week, in which you can discuss any aspect of the module with the module coordinator.  As above – we will also hold drop-in sessions for feedback in semester 2 face to face NONE - it would benefit students if they have already taken criminal law, but this is not essential. Y Choo, Gower, McGourlay and Thomas ‘Evidence in Context’ 6th. (2024) or another similar evidence textbook published after 2023.  https://express.adobe.com/page/wtD3rhEj0qzQhLinks toa wide range of seminar reading/ watching and listening in the main handbook.   Lectures 22 Practical classes & workshops 8 0 166 <h2>Content Warning</h2>Content Notes (also known as trigger warnings or content warnings) are used to inform students of content that may be distressing to some individuals. This is done both to inform those individuals so that they might prepare themselves in advance but also so that other students can be supportive and sensitive to their peers. Content Notes are not used to constrain teaching or discussion of difficult, distressing or contentious topics but to enable students to responsibility for their course choices and learning preparation. It is not possible to predict all topics that may cause distress, but certain themes are widely accepted to merit content notes. This course is one of those courses that might cause distress to certain students. By its very nature, this course deals with issues of various CRIMINAL OFFENCES (E.G. MURDER, RAPE, SEXUAL ASSUALT, GBH) THROUGHOUT, this might be upsetting to certain students. We encourage you to look at the contents of the course now and if you think you might struggle with some topics in the course, and want to see what a particular section discusses in order to decide whether you want to engage with these contents contact Claire or your academic advisor. The team are committed to ensuring that our teaching environments are safe spaces for discussing difficult and controversial topics. Additional notesOpen book examinationInformationRestricted to: FINAL YEAR STUDENTS ONLY on the BA (Law with Politics); LLB (Law with Politics); LLB (Law); and LLB (Law with Criminology); BA Criminology degrees.Students not on these courses can contact the Course Director for approval. Social Sciences students also taking miscarriages of justice (LAWS31061) might find this course complimentary.This course is available to incoming study abroad students.TimetablePlease see Law School timetable