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Overview of Evidence Rules in Court Trials with Practical Examples

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Court trials have strict rules about what evidence can be used to ensure fairness and justice. Understanding these evidence rules is crucial for anyone studying law, as they protect defendants' rights whilst helping juries make informed decisions based on reliable information.
Outline, with examples, rules of evidence during a court trial – page 1

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Admissible and Reliable Evidence

Ever wondered why some evidence gets thrown out of court even when it seems important? Admissible evidence must be obtained legally - if police break the law to get it, it can't be used in trial.

Take searching someone's flat without a warrant or using entrapment (tricking suspects into confessing). The Brendan Daccey case shows how this can go wrong - police manipulated someone with learning difficulties into confessing to murder, leading to a wrongful conviction.

You've got the right to silence as a fundamental protection. This means you don't have to answer questions or prove your innocence because you're innocent until proven guilty. However, staying silent about specific things (like possession of a weapon) might make the jury suspicious, unless you've got a believable reason.

Reliable evidence must be credible, authentic and accurate - basically, would the jury believe it? Evidence can't be tampered with or forged. Courts sometimes consider character evidence about defendants (like previous lies or similar crimes), but this is heavily restricted to keep things fair.

Key Point: Evidence rules protect you from unfair treatment whilst ensuring juries get trustworthy information to make their decisions.

Outline, with examples, rules of evidence during a court trial – page 2

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Disclosure and Hearsay Evidence

Think it's unfair to be surprised by evidence in court? That's where disclosure of evidence comes in - both sides must share their evidence so everyone can prepare properly.

The prosecution has to show the defence what evidence they plan to use AND what they won't be using. This sounds straightforward, but technology makes it tricky - imagine sorting through thousands of text messages! Sometimes police deliberately hide evidence they think might help the defendant, which is completely wrong.

The Liam Allen case perfectly shows this problem. He was wrongly accused of rape because police only disclosed text messages that seemed to support their case, hiding ones that proved his innocence. When the full evidence came out, the case collapsed.

Hearsay evidence is when someone repeats what they heard someone else say outside court. This is usually banned because the original person isn't under oath and might be lying. However, judges can allow it if the original person has died, is seriously ill, or lives abroad, and it serves justice.

Remember: The Steven Saunders case was groundbreaking - the first time hearsay evidence from a midwife was used to convict someone of controlling behaviour when the victim was too scared to testify.

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