Law of Evidence Essay Example | Topics and Well Written Essays - 1500 words - 3

Law of Evidence - Essay Example This is the case with Carrie, because she has admitted under cross examination that she had made one prior false complaint of rape against another man. Therefore, in the interest of preserving fairness and equity to the defendant in the case, the Judge may have to issue a warning to the jury to exercise caution. Moreover, the content of his warning should also take into account the fact that she has made a prior false complaint. Therefore, the judge may warn the jury to exercise caution and may suggest to the jury that they look for supporting evidence before arriving at a decision basely solely on Carrie’s evidence. (b) If Carrie had indeed been raped, she would have mentioned it to her friend Eva whom she saw first after the incident, but her response when Eve asked if she was all right was â€Å"sure, why not?† This further substantiates the grounds that Carrie is an unreliable witness The prosecution is likely to argue against the issue of a Manjukola warning. They are likely to state that the entire question of corroboration warnings which purportedly allowed protection for defendants was done away with by the Criminal Justice and Public Order Act of 1994. The reason for this was the complexity they brought into judicial proceedings and their tendency to confuse judges. Therefore they are likely to argue that Carrie’s interests will be compromised and the jury will be unnecessarily prejudiced through the issue of a Manjukola warning which is not necessary. 2. The two major issues that arise with this scenario are (a) Stefan’s silence in Court especially in connection with his alibi which could establish innocence and (b) the need for protection of the young witness Ingrid who has been threatened. Stefan will be treated as a competent witness for himself but not as a compellable witness. Therefore, he will be