Module Code - Title:
LA4082
-
LAW OF EVIDENCE
Year Last Offered:
2023/4
Hours Per Week:
Grading Type:
Prerequisite Modules:
Rationale and Purpose of the Module:
To critically examine the rules and general principles governing the admissibility of evidence in criminal trials.
Syllabus:
Principles of criminal evidence; burdens and standards of proof; witness testimony; confession evidence and illegally obtained evidence; expert evidence; corroboration; rule against hearsay; identification evidence; similar fact evidence; privilege.
Learning Outcomes:
Cognitive (Knowledge, Understanding, Application, Analysis, Evaluation, Synthesis)
On successful completion of this module, a student will be able to:
- Differentiate between key concepts in the Law of Evidence: facts at issue; relevant facts; admissibility of evidence and weight of evidence; hearsay and original evidence;
- Describe the principles relating to the burden of proof, the standard of proof and reversal of burdens of proof;
- Explain the law and principles relating to witness testimony, challenging the credibility of the witness and corroboration rules. Outline the Rule Against Hearsay and the reforms to aspects of the Rule;
- Analyse the exclusionary rules relating to illegally obtained and unconstitutionally obtained evidence;
- Appraise the law relating to the testimony of the accused in a criminal trial: similar fact evidence; bad character evidence; right to silence; confession evidence;
- Apply the rules and principles to scenarios so as to demonstrate the possibilities for conviction or acquittal.
Affective (Attitudes and Values)
N/A
Psychomotor (Physical Skills)
N/A
How the Module will be Taught and what will be the Learning Experiences of the Students:
The module can be taught through traditional instruction in the classroom but it may also be taught on-line.
Research Findings Incorporated in to the Syllabus (If Relevant):
Prime Texts:
Heffernan & Ni Raifeartaigh (2014)
Evidence in Criminal Trials
, Bloomsbury Professional
Fennell (2008)
The Law of Evidence in Ireland
, Bloomsbury Professional
McGrath (2005)
Evidence
, Round Hall
Healy (2004)
Irish Laws of Evidence
, Round Hall
Other Relevant Texts:
Zuckerman (2004)
Criminal Evidence
, Oxford University Press
Spencer (2008)
Hearsay Evidence in Criminal Proceedings
, Hart Publishing
Spencer (2009)
Evidence of Bad Character, 2nd ed
, Hart Publishing
Programme(s) in which this Module is Offered:
BLLAPLUFA - LAW PLUS
Semester - Year to be First Offered:
Module Leader:
alan.cusack@ul.ie