Overview

This module provides learners an opportunity to explore how evidence in a criminal law context is collected and used from initial interactions with the police through the court process. Learners will gain knowledge about the different types of evidence available and when it is appropriate to use the evidence.

This module is taught in seminar-style sessions, providing learners with reading prior to and following the sessions, and questions to answer prior to and during the sessions.

The module content includes, but is not limited to:

• the burden and standard of proof;
• hearsay, confessions and the right to silence;
• corroboration;
• competence and compellability;
• identification evidence;
• opinion evidence;
• evidence of character;
• similar fact evidence.

Assessment Strategy

-threshold -D- to D+ (40-49%)An answer which, while predominantly correct in its presentation of material, contains a significant level of error and is therefore not entirely reliable.

-good -Good: B- to B+ (60-69%) High Standard: A comprehensive answer, containing all the material relevant to the question and no irrelevancy, all the material and references being accurate and correct, there being no inaccuracy or error, the whole presented in an argument which, while clear, logical and critical, leaves room for improvement in its construction and presentation. An answer which shows complete competence in the subject.

-excellent -Excellent: A- to A* (70+%) An outstanding answer containing all the material relevant to the question and no irrelevancy, all the material and references being accurate and correct, there being no inaccuracy or error, the whole presented in a clear, logical, critical argument with little room for improvement. An answer which demonstrates a complete mastery of the subject.

-another level-C- to C+ (50-59%) An answer which, while always in the main accurate and correct, fails to distinguish between relevant and irrelevant material and is lacking in criticism. An answer which while reliable with regard to correctness is either not comprehensive or not entirely pertinent.

Learning Outcomes

• Accurately apply detailed knowledge of the law of evidence to complex actual or hypothetical factual scenarios.

• Critically evaluate and discuss key debates in the law of evidence, and relate the principal characteristics of that law to their political, social and cultural contexts.

• Demonstrate a comprehensive understanding, and be able to critically analyse, differences in the rules related to the allocation of significance to evidence.

• Demonstrate an advanced understanding and appreciation of the law of evidence and recent developments in the area, including the rules governing the admissibility of evidence and the standard of proof.

• Formulate original interpretations and arguments on topics relating to the law of evidence, including creating new links between relevant topics.