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Criminology unit 3 ac 2. Question and complete Answers

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Relevance correct answers During a criminal trial, the prosecution proves the defendant has committed the offence and the defense will disprove. Both sides present evidence for a jury/magistrate to co... nsider. Not all is reliable, this concern whether the court can count on the evidence being true. Evidence must be credible, authentic and accurate. The relevance of evidence is the determining of facts in issue and relevant facts. The facts in issue are the matters in dispute in a case that are decided about, the prosecution attempts to prove, and defense disprove. For example, the Sarah Everard case where Cousens pleaded guilty to kidnap and rape and admitted diminished responsibility with pending medical records. Yet, relevant facts are needed to be able to prove or disprove the facts in issue. For example, the CCTV footage of the staged arrest and body bags from purchases Cousens had made. Admissibility correct answers Not every piece of evidence is admissible in court. Illegally obtained evidence is gained by violating human rights or breaking the law. Such as evidence obtained without a warrant or using threatening treatments to obtain confession. The case of R. Khan involved an admission of guilt obtained by an electronic covert listening device installed by police. The defendant's appeal was dismissed as there was no right of privacy in the English law. Improperly obtained evidence include deception to persuade the suspect to admit or entrapment but such evidence may be excluded by PACE. For example, the case of Colin Stagg, there was a 'honey trap' used. Yet it may occur in 'sting' operations mounted by the police where undercover officers pose as criminal and induce a suspect to commit a crime. The court permits both evidence types if it discovers the truth however if it endangers a fair trail the judge can rule it inadmissible under section 78 of PACE. The European Convention on Human Rights article 6 states entrapment is unfair. The accused is presumed innocent until proven guilty, beyond rea [Show More]

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