LAU34011 Evidence

Learning Outcomes

Having successfully completed this module, students should be able to:

• Understand the relationship between evidentiary theory, doctrine and practice;
• Explain the role that evidence plays in the trial process;
• Identify and critically analyse evidentiary rules and principles in relevant legislation and case law;
• Engage in effective research and writing in the law of evidence;
• Apply evidentiary concepts and rules to solve practical problems;
• Critically evaluate evidentiary law and policy and engage in debate about reform.

Module Learning Aims

Evidence is the information on which judges and juries decide issues of fact in civil and criminal trials. It includes the testimony of witnesses, the opinions of experts, forensic evidence, documents and IT data. The law of evidence is grounded in common law and statutory rules and it operates within a framework of international and constitutional rights. Building on the Fresh modules on Criminal Law and Constitutional Law I, this module introduces students to the law of evidence, explores its application in the trial process and critically analyses its contribution to the administration of justice.

Module Content

In the first part of this module, students explore the common law jury trial and its traditional emphasis on the presentation of evidence through in-court testimony. Topics include the examination of witnesses, the accused as a witness and the rule against hearsay evidence. In the second part of the module, students investigate and analyse the application of evidentiary law and policy in specific contexts such as expert evidence, the lawyer-client relationship, identification evidence and evidence unlawfully obtained.

Recommended Reading List

Liz Heffernan, Evidence in Criminal Trials (2^nd edn, Bloomsbury Professional, 2020)