Studying at York
Criminal Trial: Part 1 - Trials, Evidence and Justice - LAW00047H
Module summary
This module explores the nature of the criminal trial and the rules of criminal evidence from doctrinal and normative perspectives. Students will explore and evaluate how and why criminal trials work and the key rules of evidence used to determine a defendant's guilt. The module is stand-alone or preparatory for the Semester 2 Criminal Trial: Part 2 - Proof and Persuasion module.
Related modules
Pre-requisite modules
Co-requisite modules
- None
Prohibited combinations
- None
Additional information
This module builds on understanding of the English Legal System and Criminal Law obtained in Foundations modules taken by Law students.
Module will run
| Occurrence | Teaching period |
|---|---|
| A | Semester 1 2024-25 |
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 and critique of evidential rules and procedures in seminar discussions. The module is therefore intended to provide students with a conceptual understanding of the criminal trial and its controversies through 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 scenarios of moderate complexity;
- Evaluate the theory and application of rules and principles of specific areas of criminal evidence and apply them to criminal scenarios of moderate complexity;
- Apply the rules of criminal trial procedure to scenarios of moderate complexity and evaluate the theories and values that underpin them;
- Apply and demonstrate skills of independent research and reading to support legal analysis and critique.
Module content
The module will consist of workshops and seminars in which students will evaluate the theories and concepts relating to trial processes and rules of evidence in the criminal context.
Seminars involve the introduction and discussion of broad themes which will be explored in more detail in related workshops. Concepts explored include evidential rules relating to issues such as hearsay, character evidence, opinion, inferences from silence and identification evidence as well as core theories of criminal evidence such as relevance, proof, weight and prejudice. They also relate to aspects of the criminal trial such as the role of the jury, the function of appeals, legal representation, examination of witnesses and different types of trial systems.
Indicative assessment
| Task | % of module mark |
|---|---|
| Essay/coursework | 100 |
Special assessment rules
None
Additional assessment information
There will be an opportunity to submit a formative essay and formative analysis task that will reflect the content of the final assessments.
An advisory 2,000 words for essay and 1,000 words for the Grounds of Appeal
Indicative reassessment
| Task | % of module mark |
|---|---|
| Essay/coursework | 100 |
Module feedback
Students will receive feedback on outputs created during the modules (problem analysis, mini-essays). Students will continue to receive feedback during workshops and seminars on their discussions and contributions.
Indicative reading
- Blackstone's Criminal Practice 2024(OUP, 2024)
- Campbell, Ashworth & Redmayne, Criminal Process (5th edn, OUP, 2019)
- Dennis, The Law of Evidence (7th edn, Sweet & Maxwell)
- Roberts & Zuckerman, Criminal Evidence (3rd end, OUP, 2021)
- Munday, Evidence (OUP, 2022)