Evidence

Full course description

This master course deals with how we may reconstruct past events for purposes of a criminal trial. What is evidence, with which purpose is evidence collected and by whom? These are some of the questions that will be raised in this course. Evidence in criminal proceedings may be collected before the actual trial or (much later) at the main hearing. What are the consequences of this division especially in view of the probative value of evidence? Attention will be paid to how conclusions can be drawn from the evidence that is on the table. Does the evidence that is presented prove that the accused committed the offence as charged? Why is the burden of proof on the prosecution and how does this relate to the presumption of innocence? What are the consequences of evidence that was illegally obtained on the one hand, but might still be reliable and relevant on the other? Evidence may be direct evidence or indirect: for example, a witness may report what she saw herself or what she heard somebody else stating (hearsay). There are different sources of evidence and different qualities that complicate both admission and evaluation of the evidence in a criminal court. In the final part of the course, you will apply the acquired knowledge by analyzing the famous English case of Rex v. Bywaters and Thompson: you will make your own assessment of the evidence provided and decide whether the accused Frederick Bywaters and Edith Thompson were guilty of murder of Edith’s husband Percy Thompson.

Before or during the course a visit will be paid to a criminal court to see evidence gathering and its evaluation in practice. You will be invited to describe what you see and interpret the practice of the relevant court in line of the literature.