Evidence (Senior Status)

• Credit value: 15 credits at Level 7
• Convenor and tutor: Dr Piyel Haldar
• Assessment: a 4000-word essay (100%)

In this module we examine the diversity of rules and doctrine that compose the law of evidence and determine the presentation of facts in the modern common law trial. Moreover, we will examine reasons for the development of the adversarial and exclusionary system of fact finding and the effect of these developments on the manner in which decisions are reached in court.

First, we consider theoretical assumptions made by common lawyers and evidence scholars between facts and truth and examine the way in which broader influences such as utilitarianism, pragmatism and the emergence of the legal profession have shaped the development of the adversarial trial. We shall also discuss the exclusion or denigration of rhetoric as key to an understanding of modern attitudes towards fact finding.

We then focus on forensic sciences and their place within the rules of evidence, and examine the use of documents, photography and surveillance records. In particular we will use the history and development of photography as a means to debate the relationship between facts and truth and contrast this with the traditional reliance on oral testimony. Here, we shall critically appraise rules regarding the competency, compellability and character of the witness and examine certain classes of testimony, such as corroboration and confessions.

Finally, we will look at the exclusionary rules of evidence, concentrating largely on certain categories of evidence that have been denied probative value. These include circumstantial evidence, opinion evidence and the sub-category of expert opinion, as well as upon the complex rules relating to hearsay and confessions.

Indicative syllabus

• Types of evidence
• Admissibility
• Burdens and standards of proof
• The adversarial trial
• The witness
• Character evidence
• Expert evidence
• Illegally and unfairly obtained evidence
• Hearsay
• Silence
• Confessions
• Demonstrative evidence

By the end of this module, you will be able to:

• discuss and critically evaluate key concepts, rules and regulations surrounding the admissibility and presentation of evidence
• understand the evolution of evidence law in general and, where appropriate, the evolution and history of specific rules
• demonstrate awareness of the problems, tensions and contradictions underlying contemporary debates about the family and the role of law in regulating and defining it
• formulate a clear, comprehensive and credible research plan and execute the research to which it relates
• produce an essay that reflects postgraduate level writing that demonstrates critical analysis in an area of the law of evidence.