Law of Evidence Essay Example | Topics and Well Written Essays - 2500 words - 3

Law of Evidence - Essay ExampleThis is often through with(p) to preserve some fundamental elements of the constitutional conventions and legal imposts that have been preserved for generations in English law.This reputation will examine the circumstances under which the hitch of proof is reversed from the accuser to the accused. It will also locate how the court rationalise their decisions in these circumstances and situations.A tradition upheld in English legal tradition is that an individual is innocent until proven guilty in criminal proceedings. This is the concept of the presumption of innocence which gist that the burden of proof will be on the prosecution rather than the accused. This was made in the drainage atomic number 18a ruling of Woolmington V DPP2 where the precedence was set for prosecutors to prove that a person had broken the law in advance any proceeding could commence in criminal law.The case of Woolmington V DPP indicated that the prosecution has two bur dens of proof, significant burden of proof and legal burden of proof3. The important burden of proof is the sensible proposition to curse there is a matter fit for the accused person to be prosecuted. However, that does not prevent the prosecution from presenting indorse during the actual trial. The evidential burden of proof is to ensure that a person arrested on a given charge is actually in breach of a valid law of the land.Evidential burden is meant to ensure that there is a compelling reason for the prosecution to go ahead. It is about the ability to draw the accused to what s/he is actually being accused for. During the hearings, the prosecution must present evidence to support the claims on the basis of the points of law, presented by the judge.In other words, when examining the English legal system, it is apparent that cases are presented to judges who present the facts to the jury who in turn scrutinize the facts and come up with a verdict. Thus, evidential proof and