ENG - College Writing 4 In this course, students acquire the writing competence necessary for conducting and presenting research.
Get Full Essay Get access to this section to get all help you need with your essay and educational issues. Criminal Evidence Essay Sample 1. This study researches recent case law pertaining the drawing of adverse inferences, pursuant to s.
The decided cases divulge that even a defendant who accepts in true sense and follows legal advice to remain silent cannot be sure that adverse inferences are precluded.
It is disputed that more careful thought needs to be given to what constitutes a genuine reliance on legal advice.
Accused who do rely in true sense on bona fide legal advice should not have adverse inferences drawn against them. As per section 34 of the Criminal Justice and Public Order Act, which allows inferences to be drawn if an accused maintains silence during interview on the advise of his lawyer, a fact which later relied on at trial, in the situations existing at the time, the accused could reasonably have been expected to mention.
Thus, section 34 of the Criminal Justice and Public Order Act, is one of the most contentious ideology of the law of criminal evidence in England and Wales.
In R v Howell, it has been established that an adverse inference may be drawn where the suspect acted on legal advice in failing to point out a fact in interview during the time of his arrest. In this case, Howell appealed against his sentence for wounding with intent.
On the advice of his solicitor, he kept silence during the interrogation by police as he had not provided a written statement. Howell, during trial proceedings, relied on the defence of self —defence. No comments during the police interview will be regarded as main ground of appeal to the Court of Appeal.
It was argued that the judge had erred in directing the jury as regards to silence by the accused hence he was really not an innocent victim but perpetrator of a heinous crime.
Hence, the accused was not interested to avail the benefits of defence. The Court of Appeal in Howell held that genuine reliance on legal advice to remain silent was not of itself sufficient to prevent the drawing of adverse inferences. Absence of a written statement from the complainant to be good reason for silence and it does not become a valid reason merely because a solicitor has so advised.
The reason for no written complaint from complainant may be due to that the complainant may not pursue his complaint good reason. Likewise, the solicitor advice to his client to remain silent may be on the premise that the suspect may be charged in any event whatever he disposes.
Further, an accused silence may be due to other factors like ill-health, especially mental -disability; intoxication; confusion; shock, etc. Further, accused inability may be due incapacity to recollect events without reference to documents which are not readily available to hand or he may have to communicate with others who may help him to recollect.
Thus, silence should be supported by sound reasons, cogent and assist to weigh in the balance against the clear public interest in an account being offered by the suspect to the police. In a nutshell, there is a clear approval of the post-Condron evolution of domestic case law as summarised in the decision in Betts and Hall.
In Bettsit was observed that where a solicitor has in good faith advised silence and the defendant has relied on ita jury may still draw an adverse inference if it is sure that the true cause for his silence is that he had no or no reasonable explanation consistent with innocence to forward.
Howell decision deserves criticism on the following grounds.
A major milestone in the development of s.President Barack Obama meets with members of his national security team to discuss developments in the Boston bombings investigation, in the Situation Room of the White House on April 19, Texas Criminal Lawyers.
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