Laws of evidence in the UK. Standards of proof, reasonable doubt and protection from wrongful conviction after ACTSA

Asharntay Kingston

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Essay from the year 2016 in the subject Law - Criminal process, Criminology, Law Enforcement, grade: A, , course: Laws of evidenc...

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Essay from the year 2016 in the subject Law - Criminal process, Criminology, Law Enforcement, grade: A, , course: Laws of evidence, language: English, abstract: This discussion will concentrate on the 'cornerstone principles' of the right to a fair trial, namely: the presumption of innocence and the standard of proof beyond reasonable doubt, in relation to prevention of wrongful conviction. It will be argued in accordance with Sundby that these procedural features undeniably benefit the accused in the usual criminal procedure, as they operate to prevent wrongful conviction. However, despite the importance of these integral principles in criminal law, following the September 11th attacks on the Twin Towers, the presumed threat to national security was so significant that it was able to outweigh the importance of these principles and their function to protect accused persons from wrongful conviction. In counteracting terrorism, a 'dual system' of criminal justice developed under the Anti-terrorism, Crime and Security Act (2001), as suspects were presumed guilty and the standard of proof was altered. The modification of these principles reveal protection from wrongful conviction was outweighed by security concerns.