US & UK Judicial Proceedings: A Friendship of Influence - Essay Sample

Introduction

The United States of America and the United Kingdom judicial proceedings have many things in common. The justice system adopted by the constitution of the USA borrowed substantial information from the United Kingdom's constitution (Shute, 1997). The long term judicial friendship built between the two nations since 1968 has continued to be of great influence in major judicial dealings in both countries (Bassiouni, 2013). According to Pardo (2000), evidentiary laws define the courts' proceedings towards receiving and use of evidence during a judicial proceeding. Judges have to verify different pieces of evidence brought to them in the court during court sessions to ensure that justice delivered does not inflict unfairness to either part. In the recent past, the United Kingdom and the United States of America have treated different types of shreds of evidence presented in courts differently. While the judicial system has so much in common, different rules have been adopted by the two countries' judicial commissions regarding character evidence, hearsay evidence, and opinion evidence.

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Character Evidence

During a criminal case proceeding in the court of law, prosecutors may introduce evidence based on the character of the individual being tried. The court assessment of the evidence may be based on the stipulated guidelines in the country's constitution regarding how to treat pieces of evidence of the accused based on their character.

Rules of Character Evidence in the UK

According to Legislation.gov.uk, Criminal act 2003 in section 98 of the UK constitution explains that a defendant previous misconduct may be used during current judicial proceedings to prove that the person committed the said crime. The misconduct might include previous convictions, as well as bad character evidence as it may be presented in the court. The defendant's history of criminal acts may be used to prove that he has the potential to commit the crimes stipulated. However, According to section 98 of the constitution, the person's wrongful convictions cannot be included in character evidence. However, the prosecution has to convince the court how the bad character of the defendant can be attributed to the crimes he is accused of. Section 99 of the constitution abolishes the common rules stipulated about the misconduct but does not extend to the defendant's bad character if it can be proved by his reputation (Legislation.gov.org). Apart from the defendant's character, the witness and other people involved in the case can be questioned based on their reputation. If a witness for example, during a different judicial proceeding, lied under oath, his testimony may be invalidated.

Rules of Character Evidence in the USA

According to Character evidence (2010), the general rule for character-based evidence in the USA is that it is not admissible when provided to provide conformity with the character trait (p.1). The Article by the Supreme Court (2010), argues that character is inside a person and the only thing reflected on the outside is the reputation. Before the court can decide on whether the reputation of a person that defines his character can be used as evidence, it has to be certain that it is not biased. For example during a court proceeding State v. Flannigan, 78 N.C. App. 629 (1985), cert. denied, 316 N.C. 197 (1986), the court denied the preposition by the prosecution to use evidence-based on the character of the defendant. According to Garrett (2015), Section II.B.2. 2. 335 of the USA constitution permits the use of character evidence in cases where the court can verify the information. However, the courts fail to adhere to the constitutional provisions and redefine it (Garrett, 2015).

Hearsay Evidence

According to the Criminal Act 2003, hearsay evidence refers to oral or written testimonies provided by a person who is not testifying in a given court proceeding but can be used by the court to determine whether the defendant is guilty or not. Hearsay evidence is very common in courtrooms today. However, judges have to verify that the person testifying is not coerced into giving false testimonies.

Hearsay Evidence in the UK

According to Criminal Act 2003, Hearsay evidence is inadmissible in criminal proceedings except where there is some statutory provision which renders it admissible or when common law rule making it admissible is preserved by section 118CJA, or by agreement of parties to the proceedings, or where the court is satisfied that it is in the interest of justice for it to be admissible (Section114 (1) CJA 2003). The constitution of the UK is very clear on when a judge can permit the use of hearsay evidence. However, before the introduction of this form of evidence in the court the prosecution has to inform the judge in advance and seek the court's permission. Hearsay evidence has to be verified and the person testifying has to have a neutral ground on the defendant's position. The court has the power to exclude hearsay evidence during (Section 121 CJA 2003). In case it is the only available evidence in the court, the judge may decide to dismiss all charges based on the evaluation of the evidence.

Hearsay Evidence in the USA

In the USA judicial system, hearsay evidence is articulated in article VIII, the evidence is inadmissible in the court except in very few exemptions (Legal Information Institute). The hearsay evidence is considered informal whether it is oral or written. However, during a judicial proceeding, a federal prosecutor may seek information to use the evidence. The hearsay evidence cannot stand as the only convicting information against the defendant. However, according to the Legal Information System, in combination with other evidence and in cases where it has been provided by experts and other professions it may be admissible. Hearsay evidence being an out of court form of testimony has to be scrutinized to ensure that a person was not coerced into testifying and where it is not written, the prosecution has to prove the origin of the information.

Opinion Evidence

Opinion evidence is presented to courts by qualified professions who may be introduced by the prosecution during a court proceeding. For opinion evidence to be valid in a court of law, the person presenting it must be proved to be neutral to ensure that he is not biased in his testimony.

Opinion Evidence in the UK

According to the International Law Office (2019), Opinion evidence is admissible in courts under Civil Procedure Rule. It must be relevant and prepared by a person who is qualified to give expert evidence. According to legislation.gov.uk, Civil Act 1972 gives guidelines on when and how to administer opinion evidence in a court of law. Qualified experts who can give opinion evidence in a criminal proceeding include doctors, psychiatrists, social workers, lawyers, and forensic experts. For opinion evidence to be admissible in the UK the relevance of the information must be verified in how it is related to the case. However, unlike hearsay evidence presented by other people, qualified experts hearsay evidence is considered as opinion evidence (International Law Office, 2019).Opinion evidence in the USA

According to Evidence Act 208 s 76, opinion evidence is generally inadmissible in a criminal proceeding. Opinion evidence is distinguished from a fact and only facts are admissible in court. However, in case qualified experts have facts that can prove that a defendant committed the said crimes, it may be used in court. To verify that evidence is based on facts and not personal opinion, the prosecution must provide facts evidence (Evidence Act 208). During a criminal proceeding, the court may invalidate witness evidence if it is based on personal opinion.

Conclusion

The judicial system of the United States of America and the United Kingdom has so much in common. However, different rules have been adopted by the two countries' judicial commissions regarding character evidence, hearsay evidence, and opinion evidence. Character evidence is inadmissible in the admissible in the UK in many cases unlike in the US where they have to verify the difference between character and reputation. Hearsay evidence, on the other hand, is inadmissible in both countries but the rules regulating it in the UK are less restrictive than the USA. Hearsay evidence is used more often in the United Kingdom when the judge can verify the information. While opinion evidence is fully admissible in the UK, the USA judicial system considers it irrelevant unless it can be supported with facts. The Judiciary is governed by constitutional laws formulated and all the actions are undertaken have to be in line with its provision. However, under special circumstances when the constitution is unclear the law may be redefined. Evidentiary laws have to ensure that they are nondiscriminatory to ensure that justice is served to all parties involved.

References

Bassiouni, M. C. (2013). Introduction to international criminal law. Brill Nijhoff.Evidence Act (208). Opinion evidence in the USA

Garrett, B. L. (2015). Constitutional Law and the Law of Evidence, 101 Cornell L. Rev. 57

International Law Office. (2010).Opinion evidence in the UK

Legislation.gov.uk. Criminal Act 2003

Shute, S. (1997). With and without constitutional restraints: a comparison between the criminal law of England and America. Buff. Crim. L. Rev., 1, 329.

Supreme Court. (2010). Character evidence in the USA

Pardo, M. S. (2000). Juridical Proof, Evidence, and Pragmatic Meaning: Toward Evidentiary Holism. Nw. UL Rev., 95, 399.