what is a legal burden
simply the requirement to prove an element of your case to a prescribed standard
what is the evidental burden
burdn to raise some evidence to satosfy the judge that the matter should be argued before the jury is the evidential burden
when should a turnbull direction be given
when the case against the accused depends wholly or substantially ont he correctness of the visual identification
what is a turnbull direction
judge should instruct the jury as to the reason for needing such a warning (mistaken witnesses can be convincing ones), direct the jury to examien the circumstances in which the id by each witness came to be amde, and remind the jury of any speciifc weaknesses in the id evidence
what questions do judges need to answer in visual identification cases
what is the quality of the id evidence, and is there other evidence to support the correctness of the id
what do jury need to consider when thinking abaout the strengths and weaknesses of id evidence
A- amount of tiem under obersvation
D- distance
V- visbility
O- obstruction
K- known or seen befoe
A- any reason to remember
T- time lapse
E- error or material discreancy
what are the four key aspects to making an pplication to exlude confessions
advance notification, timing, voir dire and submissions
when do applications to exclude evidence need to be amde
at pre trial hearings or just prior to opening the case to the jury
what is a voir dire fr excluding confessions
pros must prove beyond reasonable doubt that the confession was not obtained by opression or anything said or done
when do def have to notufy pros of intention to exclude confession
at least 10 business days before trial and pros respond 5 business das after
whoa re the judges that sit in the crown court
circuit judges (your honour), recorders (your honour) and high court judges (my lord my lady)
what is in the prosecution opening speech
focused on facts and issues in the case, namely what it is abot, what areas are in dispute and why the prosuectin says d is guilty
what is the submission of no case to answer
at end of pros evidence, judge can direct jury to acquit on grounds that the prosecution evidence is insufficient
does d have to ive evidence
no- they will be offered to by the judge, but they do not HAVE to. adverse inferences may be drawn
when can defence make an opening speech
only if one or more defence witnesses toher than d in person will be called to give factual evidence- but this is rarely used
defence evidence stages
d goes thrjugh evidence in chief by defence, then cross examined by pros and then possibly re examined by def
what happens when defence case is closed
common practice for jury to be sent out for legal arguments ot be had
what does jduges summing up involve
summing up the law and then the facts
