Truth

Question 1

Introduction

Answer 1

Truth in law is not an illusion. It can be defined as the exact circumstances that took place. It is not the primary goal of the Scottish justice system

Question 2

What features of evidence law support the idea that truth is the ultimate goal of the Scottish legal system

Answer 2

Corroboration

Police procedure

Opinion evidence

Secondary hearsay

Question 3

Corroboration

Answer 3

every crucial fact must be proved by two separate pieces of evidence

Question 4

How does corroboration promote truth in fact-finding

Answer 4

Requirement of two pieces of evidence demonstrates that every fact must be supported by reliable evidence - in pursuit of the true events

Question 5

However - corroboration

Answer 5

Crucial facts can be corroborated by circumstantial evidence alone - that which infers certain events. Therefore, more procedural.

Similarly, various exceptions contained in Moorov v HMA and LAR

Question 6

Authority for circumstantial corroboration

Answer 6

Little v HMA

Question 7

Opinion evidence

Answer 7

General prohibition on this kind of evidence

Question 8

How does prohibition of opinion promote truth

Answer 8

Ensures that witnesses only testify to facts

Question 9

Police procedure

Answer 9

Confessions cannot be unfairly obtained

Question 10

Confessions

Answer 10

Statement against interest. Assumed to be true.

Question 11

Regulation of confessions

Answer 11

Individual has right to seek legal advice before police interview

Admissibility test is fairness

Fairness requirement aims to ensure confessions are true and spontaneous

Question 12

Authority for right to seek legal advice

Answer 12

Cadder v HMA

Question 13

Authority for confession fairness

Answer 13

Brown v HMA

Question 14

Actual achievement of truth

Answer 14

corroboration - meh

Opinion - decent

Confession - yes, but rare

Question 15

Features of evidence that demonstrate truth is not primary goal

Answer 15

Party autonomy

Improperly obtained real evidence

Standards of proof

Question 16

Party autonomy

Answer 16

Judge has no powers of investigation

parties edit their evidence - operative story matches the background story

Witnesses, experts, and evidence are all selected for their usefulness

cross-examination has sole purpose of destroying opposition, not refining truth

Question 17

By definition, adversarial…

Answer 17

Parties are fighting to win, not fighting to reveal the truth

Question 18

Improperly obtained real evidence

Answer 18

prohibition against the admissibility of this evidence

Question 19

Exception to prohibition

Answer 19

Where public interest outweighs individual right to a fair trial

Question 20

Authority for exception to prohibition

Answer 20

Lawrie v Muir

Question 21

Effect of prohibition

Answer 21

Best evidence is not considered because it was obtained using improper means. If truth was main goal, would be much looser regulation as best evidence would be paramount. This is procedural fairness

Question 22

Standard of proof

Answer 22

Two standards of proof:

1) reasonable doubt
2) balance of probabilities

Question 23

When might reasonable doubt be used

Answer 23

To establish special defence and satisfy evidential burden

Question 24

Effect of these standards

Answer 24

Neither standard requires absolute truth. Only more than 50%

Similarly, jury only needs simple majority to make decision

Question 25

Secondary hearsay authority

Answer 25

s.259 CPSA

Question 26

Effect of prohibition of SH

Answer 26

Cannot attest the truth of a spoken statement exception - res gestae

Question 27

Authority for res gestae

Answer 27

Ratten v R

Question 28

What is the main goal then

Answer 28

Procedural fairness

Question 29

Procedural fairness

Answer 29

The rules of a trial are followed and the rights of individuals are respected, meaning that justice has been carried out through lack of prejudice to either party - regardless of outcome of case or truth ascertained

Question 30

Central values of justice system that demonstrate procedural fairness

Answer 30

Right to fair trial presumption of innocence

Question 31

Why is procedural fairness prioritised

Answer 31

To protect individuals from arbitrary exercise of power by the state To ensure rule of law

Question 32

Conclusion

Answer 32

Answer the question