Unit name | Evidence |
---|---|
Unit code | LAWD30036 |
Credit points | 20 |
Level of study | H/6 |
Teaching block(s) |
Teaching Block 4 (weeks 1-24) |
Unit director | Mr. George |
Open unit status | Not open |
Pre-requisites |
None |
Co-requisites |
None |
School/department | University of Bristol Law School |
Faculty | Faculty of Social Sciences and Law |
Having studied Criminal Law, you will have seen the importance of particular facts in determining the guilt or innocence of the accused. But what information about the case is the court allowed to hear? Who, for example, is allowed to give evidence in a criminal trial and are there any restrictions in what they are allowed to say? How do jurors decide between competing versions of events and what role does the judge play in this process? This unit will examine: the adversarial system; the role of judge and jury; competence and compellability of witnesses; burden and stadard of proof; character evidence; similar fact evidence; right to silence; disclosure and public interest immunity; confessions and illegally obtained evidence; and hearsay evidence.
By the end of the Unit the successful student will be able :
a) To explain the principal rules and central themes of the law of Evidence.
b) To subject relevant case law and statute to critical evaluation.
c) To make a critical assessment of specific areas of the law of Evidence and to review the objectives and effect of the rules governing the admissibility of evidence.
Have a good understanding of the law of Evidence in a practical setting. To achieve this purpose students must attempt at least one problem question in the final examination.
20 lectures and 8 tutorials
One three-hour closed book examination in May/June in which students answer 3 questions (at least on essay and at least one problem) from a choice of 8 questions.
The law of Evidence is complex and dense. Accordingly students are directed to Basic Reading (in particular the textbook ‘Evidence’ by R. Munday OUP 6th ed 2011) followed by Advanced Reading (in particular ‘The Law of Evidence’ by I. Dennis Sweet & Maxwell 4th ed 2010) – the latter providing a more detailed and critical survey.
As the law in this area is often fast-changing, students are referred to the latest cases etc in learned periodicals such as the Criminal Law Review, The Modern Law Review and the International Journal of Evidence and Proof.