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The jury
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- It’s up to the jury, or the judge in a bench trial, to decide the true facts from what is said by each party and each witness.
judiciallearningcenter.org/your-day-in-court/
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Crown Court cases are heard by a judge and a jury. The judge will give directions about how the trial should run. The jury decides whether or not the defendant is guilty. The jury is 12 members...
It’s up to the jury, or the judge in a bench trial, to decide the true facts from what is said by each party and each witness. Eyewitness testimony – The testimony of someone who observed the actual event taking place.
- Examination in Chief
- Selection of Witnesses
- Selection of Evidence
- Tactical Presentation of Testimony
- Re-Examination
- Cross Examination
- Final Speeches
- Judgment on The Facts
- How Advocacy Influences Decisions About Facts
In examination in chief, advocates lay the foundations of their cases. Their selections of witnesses completely determine the sources of testimony which a court can hear. Additionally, the advocates largely control the flow of information from these sources. Further, with significant skill, they present this evidence in ways which they expect will ...
Prosecutors call at least as many witnesses as they need for corroborative evidence which may lead to convictions. Ethical questions may arise about when they should include witnesses who might support the defence. The defence need not call any witnesses, but usually does. Courts sometimes draw incriminating inferences if the accused does not testi...
So far as possible, advocates control what their witnesses say, usually on the basis of their precognitions. Advocates avoid questions to which they cannot foresee the answers. To a great extent, evidence in chief tends to be predetermined and inflexible. But a wise rule prevents advocates from putting words into their witnesses’ mouths by leading ...
A whole book would be required for a detailed description of the presentational skills of advocacy and their influence on factual judgments. Undeniably, advocacy is not a neutral component of criminal trials. Whatever the standard of skill may be, advocacy can be expected to make a difference to some extent. But it would be unacceptable if advocacy...
Re-examination is an opportunity to repair damage caused to testimony by cross examination, or to clarify something or fill a gap, but not to examine the witness in detail again. Re-examination is optional and is often omitted. It is generally the least persuasive stage of questioning witnesses. Its significance for the court depends on the circums...
All witnesses are bound by law to testify truthfully and accurately, irrespective of the party who called them and the outcome their evidence may support. So cross examination of opponents’ witnesses is often aimed at eliciting new facts, or modified ways of looking at facts about which the witness has already spoken. This may be effective and help...
Final speeches summarise the evidence and present arguments for conviction or acquittal. Whether or not speeches add greatly to the effect of the evidence varies according to the situations and advocates’ abilities.
A court’s decision about the facts in a trial has several aspects. The bench should decide the facts when it is considering the verdict. All the evidence and speeches can then be compared and weighed. Earlier decisions would be based on incomplete information and disregard of much of the trial process, including advocacy. Early views should only be...
If advocacy had no effect on a court’s decisions it would be pointless. But it is impossible to state any general conclusion about whether advocacy helps or obstructs the accuracy of assessment of evidence. It may do one or the other in different trials and different circumstances. Also there are too many variables for any such opinions. Two unacce...
But the members of the jury alone decide on the facts. It is the members of the jury who decide whether the evidence which they have heard in court satisfies them of the guilt of the accused person. 2 Contempt of Court Act 1981, section 11.
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To apply the doctrine of precedent, judges must first decide the facts of the case, and then apply the law to those facts to arrive at the result of the case. Facts are decided by judges after the trial.
In circumstantial evidence, typically, each witness speaks to a single fact which, even if it is true, would not establish guilt by itself. However a court can go further by drawing an inference of guilt from the totality of these facts and their relationship to each other.
In a jury trial, a jury is the trier of fact. The jury finds the facts and applies them to the relevant statute or law it is instructed by the judge to use to reach its verdict.
