Solent University Assessment Brief- Assignment 2021 RESIT Assessment Details Unit Title:Crime Scene to Court: criminal evidence and procedureUnit Code:HCR503Unit Leader:Dr Simon FoxLevel:FiveAssessment Title:AssignmentAssessment Number:OneAssessment Type:Assignment- ResitRestrictions on Time/Length :3000 wordsIndividual/Group:IndividualAssessment Weighting:50%Issue Date:TBCHand In Date:TBCPlanned Feedback Date:Two to three weeks after Unit Leader receives hard copy.Mode of Submission:Hard copy / on-line (delete as appropriate)Number of copies to be submitted:OneAnonymous MarkingThis assessment will : be marked anonymously Assessment Task The assignment is in two parts: Part One (80%- 2500 word limit) Ben, a Boxing instructor, attended the Southshire University Staff Ball with his girlfriend, Dr Rita Bell, a well-respected Criminology lecturer at the University. On the night of the Ball, 20th October 2018, Ben and Rita were seen to be arguing. Witnesses saw Rita slap Ben across his face and then leave the party in tears. Ben was seen to leave soon after Rita. The following day Rita was found dead at the University; she had suffered a severe blow to her chest and had been shot at close range in the head. Ben was arrested near to the scene of the crime, soon after a witness had heard a ‘gun shot’. Ben had confessed to the murder of Rita during police interview but now wishes to plead not guilty. In the interview Ben said very little but he did say that he went to see Rita to get some free drugs and that when she said that he “would have to pay like everyone else” he lost his temper and kicked Rita in the chest and then “shot the bitch in the head”. Ben is then heard to say that his head hurts, asks for some water and then sings the theme tune to the children’s television series Peppa Pig for two minutes despite the interviewing Officers asking him to stop. The interview was then terminated. Ben remained silent in all other attempted interviews. Ben argues that on the morning of 20th October 2018 he had been boxing with his friend William Brearley and was knocked out. He maintains that for the rest of that day and the following time in police custody he had a headache and did not feel himself, adding that he could not remember much and that it was only when his head stopped hurting, three days later, that he felt better and realised that he had wrongly confessed. Since the interview, Ben has been assessed by a medical doctor and a psychologist, both of whom agree that his brain may have suffered temporary damage when he was knocked unconscious and this injury could have altered his behaviour and mental condition. The prosecution wish to call PC John Walker to report that a Mr Jones (the recently deceased landlord of the Dog and Duck) had stated to him that Ben had gone to his pub the night of the Southshire University Ball and said that he hated Rita and was going to “kill the bitch tomorrow”. Ben intends to call Prof. Norris (a neurosurgeon) to testify that he would have been unable to understand the interview process and that with such an injury Ben may not have been conscious of his actions. Ben has a previous conviction from three years ago for s.47 Offences Against the Persons Act (1861) after a pub brawl in the Dog and Duck. Questions Using statute and common law, advise in regard to the following: any evidential problems associated with the proposed testimonies of:PC WalkerProf. Norris the concern of Ben that a Jury may think that because he has been convicted for assault in the past, he probably killed Rita; the admissibility of Ben’s confession. Study guidance It is suggested that you consider the following areas in order to correctly advise the defence: Hearsay evidenceExpert testimonyThe changes in Similar fact evidence, and the evidence of ‘Bad Character’.Confessions- fairness, reliability and oppression Part Two (20%- word limit 500) Reflections on Procedure and Evidence In this final part of the assignment, you are asked to reflect upon your own personal learning journey over the course of the unit. A number of prompts are suggested below, though they are not intended to be exhaustive or prescriptive: How did you research and prepare for each weekly topic?What area/s of criminal evidence and procedure do you think could be improved and why?Which evidence and procedure matters did you find the most challenging andinteresting? Why? How did you attempt to overcome any difficulties?How were your study skills improved by this unit? Assessment criteria You will be assessed against your knowledge and understanding of the following areas for Part One of the Assessment: Hearsay evidenceExpert and Non- expert testimonyCharacter testimonyConfessions- reliability and oppression Part Two of the Assessment should fully discuss points a to d with reference to academic and reflective reading. Learning Outcomes This assessment will enable students to demonstrate in full or in part the learning outcomes identified in the unit descriptors. On successful completion of the unit, students will able to: Knowledge and Understanding K1 Acquire the knowledge and critical analytical skills to explore, evaluate and interpret the application of criminal evidence and procedure; K2 Describe in detail the wide variety of common law and statutory guidance used in evidence and procedure; and K3 Recognise the issues and areas of development within criminal evidence and procedure. Cognitive Skills C1 Evaluate the evidential and procedural requirements of a given criminal case / scenario, and identify the difficulties in fulfilling evidential and procedural requirements; C2 Generate ideas and solutions through the research and analysis of evidential issues with the minimum of guidance; and C3 Critically review recent and possible developments in evidence and procedure, (introduced by the common law, statutes and policy change), and evaluate their relevance and significance for criminal justice. Practical and Professional Skills P1 Reference sources using correct academic protocols P2 Exercise appropriate judgement in planning, carrying out and evaluating evidential issues; and P3 Demonstrate progression from the close guidance of level one by developing an extended command of practical, technical and cognitive skills, and applying them to set evidential problems. Transferable and Key Skills T1 Work independently and communicate relevant information and ideas in written form; and T2 Evaluate own strengths and weaknesses, showing an increasingly self- motivated, self-critical and independent approach to the study of evidence and procedure. Late Submissions Students are reminded that: If this assessment is submitted late i.e. within 5 working days of the submission deadline, the mark will be capped at 40% if a pass mark is achieved;If this assessment is submitted later than 5 working days after the submission deadline, the work will be regarded as a non-submission and will be awarded a zero;If this assessment is being submitted as a referred piece of work (second or third attempt) then it must be submitted by the deadline date; any Refer assessment submitted late will be regarded as a non-submission and will be awarded a zero. http://portal.solent.ac.uk/documents/academic-services/academic-handbook/section-2/2o-assessment-policy-annex-1-assessment-regulations.pdf?t=1411116004479 Extenuating Circumstances The University’s Extenuating Circumstances procedure is in place if there are genuine circumstances that may prevent a student submitting an assessment. If students are not ‘fit to study’, they can either request an extension to the submission deadline of 5 working days or they can request to submit the assessment at the next opportunity (Defer). In both instances students must submit an EC application with relevant evidence. If accepted by the EC Panel there will be no academic penalty for late submission or non-submission dependent on what is requested. Students are reminded that EC covers only short term issues (20 working days) and that if they experience longer term matters that impact on learning then they must contact a Student Achievement Officer for advice. A summary of guidance notes for students is given below: http://portal.solent.ac.uk/documents/academic-services/academic-handbook/section-4/4p-extenuating-circumstances-procedures-for-students.pdf?t=1472716668952 Academic Misconduct Any submission must be students’ own work and, where facts or ideas have been used from other sources, these sources must be appropriately referenced. The University’s Academic Handbook includes the definitions of all practices that will be deemed to constitute academic misconduct. Students should check this link before submitting their work. Procedures relating to student academic misconduct are given below: http://portal.solent.ac.uk/support/official-documents/information-for-students/complaints-conduct/student-academic-misconduct.aspx Ethics Policy The work being carried out by students must be in compliance with the Ethics Policy. Where there is an ethical issue, as specified within the Ethics Policy, then students will need an ethics release or an ethical approval prior to the start of the project. The Ethics Policy is contained within Section 2S of the Academic Handbook: http://portal.solent.ac.uk/documents/academic-services/academic-handbook/section-2/2s-university-ethics-policy.pdf Grade marking The University uses a letter grade scale for the marking of assessments. Unless students have been specifically informed otherwise their marked assignment will be awarded a letter grade. More detailed information on grade marking and the grade scale can be found on the portal and in the Student Handbook. Policy: http://portal.solent.ac.uk/documents/academic-services/academic-handbook/section-2/2o-assessment-policy.pdf Guidance for online submission through Solent Online Learning (SOL) http://learn.solent.ac.uk/onlinesubmission
