The Trial Process

conceptions of the criminal trial - the instrumental view

concerned only w establishing what happened and who did it. On paper should guard against wrongful convictions

conceptions of criminal trials - instrumental with side constraints view

concerned w establishing who did it and what happened. Subject to the requirement to respect rights and dignity of the accused. Should guard against wrongful convictions but may lead to acquittal of guilty. Popular disdain for this approach

conceptions of criminal trials - Values are intrinsic view

Respecting rights of accused is an inherent and primary part of process, not a constraint on truth seeking. Trial serves a communication purpose, converged w moral engagement w the accused and broader community. Acquittal of guilty not necessarily a miscarriage of justice

conceptions of criminal trials - An opportunity to examine actions of the state

checks on the power of the state. Huge power to deprive someone of their liberty so public can examine how state conducts investigations. Acquittal of guilty not MOJ if states action are illegitimate

In 1985 CPS introduced - what do they do and why was this good

Provided a check on police investigations. Before, police were investigating and prosecuting

Article 6 of ECHR

Right to fair trial, innocent until proven guilty, and everyone charged w criminal offence has minimum rights

Magistrates court

• what do they deal with

• Who are the judges

• Who helps the judges and what is the problem w that

Deal w low level offences. Unqualified volunteers, tend to be white, Middle aged, middle class and conservative. Have legal advisors but evidence shows they often make mistakes and magistrates sometimes ignore their advice

Crown court: the accused

Can plead guilty or not, can remain silent, right to challenge evidence against them

Crown court: the judge

Decides if case strong enough to go to jury, decides whether evidence is admissible, directs the jury on question of law, will give warnings and directions to jury on how to treat certain pieces of evidence (turnbull warnings), provide jury w sum of case. Entitled to suggest that the jury acquits (Galbraith) but cannot direct a jury to convict (Wang)

What does the jury reflect

Societal values

Prosecuting barrister role

Represent states case as persuasively as possible

Defence barrister

Primary duty is to the court, not client

Witnesses must give evidence in person. What are some exceptions?

complaints in sexual abuse cases, vulnerable witnesses, deceased witnesses, uncontroversial witnesses whose evidence not central to case

For witnesses who dont go to court in person, how else can they provide evidence

Sexual abuse victims, and vunerable can provide evidence over a video link. Deceased and uncontroverisal - wrriten statements

How does the adversarial system as a concept safeguard against wrongful convictions

Encourages zealous defence lawyering. Independent bar and defence counsel so not all in hands of state

How does exclusion of evidence on practical and principles grounds under s78 PACE help safeguard against wrongful convictions

• Unreliable evidence e.g evidence adduced through torture unreliable (A v Home Sec)

• Evidence that is reliable and probationer can be excluded on principled grounds e.g obtained illegally or unethically (Bennett, Khan and Mullen)

How does burden of proof on prosecution safeguard against wrongful convictions

No need to prove innocence

How does equality of arms safeguard against wrongful convictions

Both parties have equal opportunities