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Essay / Research Paper Abstract
This 10 page paper looks at evidence and the burden of proof under English law. The first part pf the paper looms at where the burden of proof lies, and how this would need to take place along with potential defences, such as provocation, loss of control and insanity. The second part of the paper briefly considers the requirements under article 6 of the European Convention of Human Rights. The third part of the paper then considers the use of opinion in criminal proceedings, looking at expert and non expert witnesses, what they can and cannot say and when evidence, created by the defence, such as a professional report, can be suppressed by the defendant. The bibliography cites 8 sources.
Page Count:
10 pages (~225 words per page)
File: TS14_TEevidence1.rtf
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Unformatted sample text from the term paper:
A. In the first instance Meera had been charged with the murder of her husband Ajay. She claims that she did not know what she was doing and
suffered from diminished responsibility. If we are looking at the burden of proof we need to consider the concepts of criminal law and how they would apply to these circumstances.
In considering criminal action we first need to define what criminal law is and the basis upon which it operates. Criminal law can be seen as being the consideration
of actions that the state believes should be punished. Criminal law is not concerned with individual rights, and does not seek to
remedy a situation. In other words a crime is a public wrong, however, not all wrongs are criminal. Smith and Hogan (1999), describe crimes in the following way; "Crimes,
then, are wrongs which the judges have held, or Parliament has from time to time laid down, are sufficiently injurious to the public to warrant the application of criminal procedure
to deal with them" (Smith and Hogan,1999). Therefore, we can also see that there maybe some
acts which we feel to be immoral or unethical, but they do not constitute criminal acts, whereas other action may be criminal, even if we do not feel that they
offend our morals or that it was wrong, as may be the case with Meera, if she is telling the truth. In
criminal proceedings it is the prosecution that has the burden of proof, as seen with the case of Woolmington v DPP [1935] AC 462 HL, and as such, with Meera
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