Lectures - communication of knowledge and ideas from the lecturer to the student. Problem Solving
Exercises - student will work as part of a team and will work together to resolve various legal scenarios.
Class Discussion/Debate - Students will be encouraged to actively participate in the class sessions which
will develop their analytical and communication skills. E-Learning - the module will be
supported with on-line learning materials. Self-Direct Independent Learning - the emphasis on independent
learning will develop a strong and autonomous work and learning practices.
Module Aim:
The aim of this module is to provide students with a sound knowledge and critical understanding of the various exclusionary rules and principles of evidence that apply in the Irish court system.
Learning Outcomes
On successful completion of this module the learner should be able to:
LO1
Explain the various exclusionary rules of evidence and the extent to which these rules, as interpreted by the courts, impact upon the tendering of evidence.
LO2
Assess and evaluate the impact of the various privileges and immunities upon the tendering of evidence and discuss the approach of the courts to such privileges and immunities.
LO3
Critically analyse the law and employ knowledge and understanding in solving relevant problems.
LO4
Research aspects of the law of evidence either independently or as part of a group and communicate findings and proposals in written and/or verbal form.
Pre-requisite learning
Module Recommendations
This is prior learning (or a practical skill) that is recommended before enrolment in this module.
No recommendations listed
Incompatible Modules
These are modules which have learning outcomes that are too similar to the learning outcomes of this module.
No incompatible modules listed
Co-requisite Modules
No Co-requisite modules listed
Requirements
This is prior learning (or a practical skill) that is mandatory before enrolment in this module is allowed.
No requirements listed
Module Content & Assessment
Indicative Content
Previous Misconduct Evidence of an Accused
• General Exclusionary Rule
• Circumstances of Inclusion
• Evolution of Inclusionary Rule
• Modern Test - Probative Value v Prejudicial Effect
Cross-Examination of an Accused
• Shield Against Questions revealing previous bad character of accused
• Section 1(e) and (f) and S.1A Criminal Justice (Evidence) Act 1924 (as amended)
• Circumstances where shield may be lost
• Extent of questioning where shield is lost
Improperly Obtained Evidence
• Unconstitutionally obtained evidence
Circumstances of exclusion and inclusion - The JC Principles
• Illegally obtained evidence
Confession Evidence
• Admissibility
Voluntariness test
Breach of Constitutional rights
The Judges’ rules
Custody regulations
Breach of fundamental fairness
• Corroboration
• Electronic recording of interviews
The Rule Against Hearsay
• Definition of the Rule
• Rationale of the rule
• Hearsay Evidence v Original Evidence
• Application of the Rule
• Common Law and Statutory Exceptions to the Hearsay Rule
• Reform
Privileges and Immunities
• Privilege against self incrimination
• Legal Professional Privilege
• Public Interest Privilege
• Other Privileges
Assessment Breakdown
%
Continuous Assessment
100.00%
Continuous Assessment
Assessment Type
Assessment Description
Outcome addressed
% of total
Assessment Date
Project
Students will be assigned a number of research tasks across the semester and required to present their findings in written and/or oral form.
1,2,3,4
100.00
n/a
No Project
No Practical
No End of Module Formal Examination
SETU Carlow Campus reserves the right to alter the nature and timings of assessment