Studying at York
Criminal Trial: Evidence, Proof & Persuasion - LAW00047H
Module summary
This module provides students with an opportunity to explore the criminal trial process through two simulations in which students will develop and reflect upon their advocacy skills, particularly the examination and cross-examination of witnesses and the making of legal submissions. Through these simulations students will also consider and evaluate core concepts of evidence and the theories of proof and persuasion as applied within the criminal legal context.
Related modules
Pre-requisite modules
Co-requisite modules
- None
Prohibited combinations
- None
Module will run
| Occurrence | Teaching period |
|---|---|
| A | Semester 2 2023-24 |
Module aims
The module aims to explore the ways the criminal courts deal with the process of proving of criminal offences. By identifying key rules of criminal evidence students will have opportunities to explore key evidential concepts and processes such as relevance, proof, prejudice and weight and to examine them through application of evidential rules and procedures. This is done through a combination of case simulations, in which students practice the use of relevant forensic skills, and seminar discussions, in which concepts and practices are evaluated. The module is therefore intended to provide students with a conceptual understanding of the criminal trial and its controversies through a combination experiential learning and theoretical and evaluative discussion. Students will develop their analytical and presentation skills as well as being expected to further develop their skills of research and argumentation.
Module learning outcomes
By the end of the module, students should be able to:
- Explain and evaluate the key concepts of criminal evidence and criminal proof and apply them to criminal trials of moderate complexity;
- Demonstrate and evaluate the effective use of a range of criminal advocacy skills in criminal trials of moderate complexity;
- Describe, apply and evaluate the use of a variety of case analysis techniques and theories in order to prove a criminal trial of moderate complexity;
- Evaluate the theory and application of rules and principles of specific areas of criminal evidence and apply them to criminal trials of moderate complexity;
- Apply the rules of criminal trial procedure to cases of moderate complexity and evaluate the theories and values that underpin them.
Module content
The module will consist of workshops in which students will undertake the analysis and proof of two criminal cases (one as a team of prosecutors and one as a team of defendants). The workshops will be supplemented by subsequent seminars in which students will evaluate the theories and concepts encountered and applied in the workshops. Students will be expected to undertake a number of advocacy activities during the course of these sessions.
There will be trial activities which students will put into practice during workshops. In each trial students will receive case papers which they will analyse as part of their trial preparation. Each case will then proceed to trial and students will take particular roles in the proving or disproving of the case against the defendant. The cases will require understanding (and application) of rules of evidence the making of legal argument in relation to those rules and the incorporation of them into the tactics and process of proof.
Seminars involve the exploration and evaluation of evidential concepts such as hearsay, character evidence, confessions, inferences from silence and identification evidence as well as core theories of criminal evidence such as relevance, proof, weight and prejudice. Workshops will also involve consideration of underlying proof concepts and varying ideas and theories of proof, case analysis and persuasion. Students will also consider and evaluate key aspects of criminal trial processes such as legal representation, examination of witnesses and the tactical and legal burden on defendants to give evidence.
Indicative assessment
| Task | % of module mark |
|---|---|
| Essay/coursework | 40 |
| Essay/coursework | 60 |
Special assessment rules
None
Additional assessment information
There will be an opportunity to submit a formative essay and formative portfolio that will reflect the content of the final assessments.
Indicative reassessment
| Task | % of module mark |
|---|---|
| Essay/coursework | 40 |
| Essay/coursework | 60 |
Module feedback
Students will receive feedback on outputs created during the modules (case analysis documents, etc) and also upon the skills activities undertaken (interviews, advocacy). The first trial is intended to provide opportunities for a formative portfolio. Students will continue to receive feedback during workshops and seminars on their discussions and contributions.
Indicative reading
- Blackstone's Criminal Practice 2017 (OUP, 2017)
- Ashworth & Redmayne, Criminal Process (4th edn, OUP, 2010)
- Roberts & Zuckerman, Criminal Evidence (2nd end, OUP, 2010)
- HL Ho, A Philosophy of Evidence Law (OUP, 2008)
- Murphy, Evidence, Proof and Facts (OUP, 2003)
- Morley, Devil's Advocate (3rd edn, Sweet & Maxwell, 2015