What you will study
The module begins by introducing you to the key terms and concepts relating to the law of evidence. You'll learn what can be proved without evidence, the different kinds of evidence, and the burden and standard of proof.
You'll explore what happens when confessions and evidence are obtained as a result of police misconduct. The legal rules are considered in their wider context. For example, why do people confess to crimes they did not commit? Should the courts discipline the police? Do they appropriately balance disapproval of misconduct with a fair trial outcome?
Some types of evidence pose particular risks of injustice, and in this module, you'll be exploring hearsay evidence, character evidence, and eyewitness identifications. You'll find out why they are risky, how the law of evidence seeks to balance those risks and consider whether it succeeds. Witness evidence is considered in detail, including who can be a witness, whether they can choose not to attend court and how vulnerable witnesses are protected in court. You'll discover the process of giving evidence and what rules govern how lawyers can question witnesses.
The final part of the module considers two controversial areas. Expert evidence is increasingly central to cases but can lead to miscarriages of justice if the expert or the court makes a mistake. You'll explore the roles of expert witnesses, the rules governing their use, and how these operate in practice. Finally, the roles of judges and juries are reviewed, and some of the major controversies are explored before you put your knowledge of evidence law into practice with an in-depth activity.
You will learn
By studying this module, you'll learn:
- the role of evidence law
- the rules of evidence and how they are applied in court
- the importance of the law of evidence and key critiques of its aims and effects.
- how to work with different kinds of data, conduct legal research, and evaluate legal information.
Vocational relevance
The law of evidence is an important aspect of legal practice in England and Wales. It is a compulsory undergraduate subject for some jurisdictions outside England and Wales. The subject knowledge and skills will prepare you for any career in law.
If you intend to study this module as part of the Bachelor of Laws (LLB) and hope to enter the legal professions, you should read our Careers in Law information. There are different entry requirements into the legal professions in England and Wales, Scotland, Northern Ireland and Ireland. It is your responsibility to ensure you meet these requirements.