AC 2.4

• What factors can influence the outcome of criminal cases?


  A range of factors including evidence, witnesses, barristers, the judiciary, political factors, and the media can influence the outcome.
• What is at the heart of the process in criminal cases?

  Evidence
• What must the jury or magistrates consider when reaching their verdict?

  They must take into account all the physical and testimonial evidence presented in court.
• What must the police or investigators provide before a case can go to court?

  They must provide enough evidence to convince the Crown Prosecution Service that there is a case for the suspect to answer.
• What does the Crown Prosecution Service need to believe before proceeding with a case?

  They must believe that there is a realistic prospect of a successful prosecution.
• What must the prosecution prove by the end of the trial?

  The prosecution must convince the jury or magistrates that the accused is guilty 'beyond reasonable doubt' on all aspects of the charge.
• Who can call witnesses to give evidence in a criminal case?

  Both the defence and prosecution can call witnesses.
• What is the examination-in-chief?


  It is when the prosecution calls its own witnesses to give evidence by questioning them in the witness box.
• What can affect how much weight jurors give to a witness's evidence?

  The quality of a witness's evidence, including whether they are shown to have lied or if their evidence appears inconsistent or unreliable.
• How can racial prejudices or gender stereotypes affect jurors' decisions?

  They may influence how willing jurors are to believe a witness's testimony.
• What did Kaufmann et al find regarding jurors' judgment of a rape victim's testimony?

  Jurors' judgment depended strongly on the emotions the victim showed when giving their evidence, rather than the actual content of the evidence.
• What factors did Brodsky et al identify as key in deciding whether to believe a witness's evidence?

  Jurors' view of the witness's knowledge, credibility, trustworthiness, and confidence.
• Why is eyewitness testimony often considered unreliable?

  Studies show that eyewitnesses' memory can be highly inaccurate.
• What percentage of wrongful convictions did the Innocence Project find were due to inaccurate eyewitness testimony?

  Over 70%
• What is the role of expert witnesses in court?

  Expert witnesses provide opinions based on their specialist knowledge that ordinary members of the public do not have.
• What is a potential danger of relying on expert witnesses?

  Jurors may automatically assume that the expert is right or misunderstand what the expert is telling them.
• What can lead to miscarriages of justice in relation to expert testimony?


  If jurors cannot check the accuracy of the expert's testimony, it can lead to miscarriages of justice.
• What happens when both defence and prosecution call expert witnesses?

  Jurors can consider alternative technical explanations as the experts may disagree on how to interpret the facts of the case.
• What is the role of barristers in court?

  Barristers act as advocates, speaking on behalf of their clients in higher-level courts.
• How do barristers and solicitors differ in their roles?

  Barristers work in court while solicitors mainly work outside of court, preparing relevant papers and gathering evidence.
• How can the quality of barristers affect the outcome of a case?

  A more eloquent, persuasive, or charismatic barrister might sway a decision where their less able opponent might fail.
• What is a potential issue with the cost of barristers?

  The rich may be able to afford better representation in court, leading to a greater chance of a favorable outcome.
• What is plea bargaining?


  Plea bargaining is when the defendant agrees to plead guilty to a lesser offense in exchange for a lower sentence.
• How can juror infatuation affect a trial?


  Jurors may change their verdict as a result of infatuation with a barrister.
• What powers do judges have during a trial?

  Judges can clarify the law for the jury, rule on the admissibility of evidence, and sum up the main issues and evidence in the case.
• What is jury equity?


  Jury equity refers to juries bringing in a 'perverse decision' that goes against the law but is in the interests of justice.
• How do judges influence sentencing?

  Judges have discretion within minimum and maximum sentences and can affect the outcome of cases based on their sentencing decisions.
• What was the impact of the riots in 2011 on sentencing?

  The courts handed down more severe sentences, with magistrates sending 37% of those convicted to jail compared to only 12% for similar cases in 2010.
• Under what circumstances can a judge sit without a jury?

  A judge may sit without a jury in cases of jury tampering, bribery, or intimidation, or in complex fraud cases.
• What is the role of Court of Appeal judges in relation to verdicts?

  Court of Appeal judges can decide the outcome of a case where the verdict of the Crown Court has been appealed.
• How can judicial bias affect trial outcomes?

  If a judge is biased, the way they exercise their powers could lead to an unfair result.
• What is a concern regarding the social background of judges?

  Judges mainly come from higher social classes, which may affect their perspectives and decisions.
• What percentage of judges were privately educated in 2019?

  65%
• What is the result of a moral panic about the riots and pressure from the media and politicians?

  It leads to a crackdown on offenders and a desire to teach them a lesson.
• Under what circumstances can a judge sit without a jury according to the Criminal Justice Act 2003?

  When there is a risk of jury tampering or when jurors may be bribed or intimidated.
• In what type of cases might a judge decide the outcome without a jury?

  In income fraud cases where a juror might have difficulty understanding.
• What powers do Court of Appeal judges have regarding juryless trials?

  • They can decide the outcome of a case where the Crown Court's decision has been appealed.
  • They re-hear the case without a jury.
  • They can uphold or reverse the original verdict.
• How can judicial bias influence the outcome of a case?

  The way a judge exercises their powers could lead to an unfair result.
• What is the social class background of most judges in the UK?

  Most judges come from higher social classes, with 65% privately educated.
• What percentage of judges attended Oxford or Cambridge universities?

  75% of judges attended Oxford or Cambridge universities.