Evidence (Erasmus)

Overview

The law of evidence is the body of law governing what information can be admitted in a legal proceedings. In this course we will focus in particular on criminal evidence. We will study principles of evidence and the rules of evidence related to a number of topics that cover the burden of proof, information obtained during police investigations, testimony and documentary evidence.
It has been argued that the purpose of the law of evidence is not to facilitate the discovery of truth, but to apportion the risk of error in conditions of uncertainty. During the term, you will be asked to consider what principles you believe should underpin the law of evidence and whether the various rules sufficiently align with those principles.

Learning Objectives

At the end of this module, the learner should be able to demonstrate a systematic knowledge, understanding and critical awareness of the general principles of evidence and of the operation of the rules of evidence in criminal cases. They will have strong knowledge of advanced scholarship and the debates surrounding the approach to evidence before the courts.

Students will develop a wide range of skills as outlined below.

Skills

Students who have completed this module will demonstrate

1. A systematic understanding of knowledge, and a critical awareness of current problems and/or new insights, informed by the forefront of research on the law of Evidence
2. Self-direction and independence in the application of knowledge, in the evaluation of advanced scholarship and in conducting case and statute analysis
3. A comprehensive understanding of techniques applicable to their own research or advanced scholarship
4. A practical understanding of how established techniques of research and enquiry are used to create and interpret knowledge in study of Evidence
5. A conceptual understanding that enables them:
a. to evaluate critically current research and advanced scholarship in criminal law
b. to evaluate critically the development of legal doctrines
c. to evaluate methodologies and develop critiques of them.
6. An ability to systematically and clearly evaluate complex issues, synthesise key legal principles, develop well-founded arguments and communicate in a critical manner and form appropriate to the discipline

Assessment

Assessment which reflects the learning outcomes and required skills.