Corroboration Warning Flashcards
(25 cards)
What legal principle did Hale’s 17th-century quote support?
That rape is easily alleged and hard to disprove, justifying mandatory corroboration warnings in sexual offence trials.
What legislative change abolished mandatory corroboration warnings in Ireland?
Section 7 of the Criminal Law (Rape) (Amendment) Act 1990 introduced judicial discretion in issuing corroboration warnings.
What did People (DPP) v Reid [1993] establish about corroboration warnings?
Judges may still issue a warning when appropriate, but it is no longer required as a matter of law.
What case reaffirmed the discretion of judges and stressed evidential context for warnings?
People (DPP) v C.C. [2012] IECCA 86.
What approach did Flood J take in People (DPP) v Molloy (1995)?
He emphasised context, especially complainant vulnerability and inconsistencies, as reasons for issuing a warning.
What did the UK case R v Makanjuola [1995] hold about corroboration warnings?
Warnings should only be given where there is specific evidence of unreliability, not merely because the witness is a sexual offence complainant.
How did Denham J in People (DPP) v JEM [2001] support Makanjuola?
She approved its reasoning, noting it aligns with Irish legislative intent behind discretionary warnings.
What criticism arose in DPP v MK [2005] about judicial warnings?
The judge failed to distinguish between evidence of assault and evidence linking the accused, potentially confusing the jury.
What is one contemporary concern about the discretionary warning system?
Inconsistent application may lead to unfairness, particularly if judges fail to issue necessary warnings or issue them based on outdated biases.
How did the Australian case Longman v R (1989) critique judicial warnings?
It warned against continuing to treat complainants as a suspect class, undermining legislative reform.
What safeguard did the Court propose in DPP v MK for deciding on a warning?
Judges should consult with counsel before charging the jury on whether a warning is necessary.
What is the role of the doctrine of recent complaint?
It supports the complainant’s credibility but is not considered corroboration.
Why was the mandatory corroboration rule criticised before its abolition?
It was discriminatory, particularly against women, and legally convoluted.
What is the current legal standard regarding jury warnings in sexual offence cases?
Warnings are discretionary and must be based on evidential justification, not stereotypes.
What does Section 7 of the Criminal Law (Rape) (Amendment) Act 1990 say about the form of the warning?
No specific form of words is required; it’s up to the judge’s discretion based on the evidence.
What does the shift from mandatory to discretionary warning represent in broader societal terms?
A shift from entrenched misogynistic views to a more balanced, trauma-informed understanding of sexual offences.
What is one key legal concern about the discretionary model for warnings?
It risks inconsistent judicial practice, potentially undermining fair trial standards.
How does judicial discretion balance the rights of the accused and complainant?
It allows judges to assess each case individually, aiming to avoid prejudice while ensuring just outcomes.
What evidential factor might still justify a corroboration warning post-1990 reform?
Testimonial inconsistencies or features suggesting potential unreliability of the complainant’s evidence.
What is a major practical challenge for judges under the current regime?
Navigating complex psychological dynamics of trauma and memory while assessing credibility.
What is the risk of overusing discretionary warnings in sexual offence trials?
It may inadvertently revive the old prejudice that complainants in sexual cases are inherently unreliable.
How do evidentiary rules about ‘recent complaint’ limit its use in trials?
It’s strictly admissible and can support credibility but is not a substitute for corroboration.
How does the Irish judiciary mitigate inconsistency in applying discretionary warnings?
By recommending pre-charge discussions with counsel and promoting adherence to best practice precedents.
How does People (DPP) v MA [2002] clarify the role of recent complaint?
It reaffirmed that such evidence supports credibility but does not serve as corroboration.
