A person is arrested for a serious crime - HSC - SSCE Legal Studies - Question 20 - 2016 - Paper 1
Question 20
A person is arrested for a serious crime. He exercises his right to remain silent before the trial. However, at his trial, he gives evidence that he was not at the c... show full transcript
Worked Solution & Example Answer:A person is arrested for a serious crime - HSC - SSCE Legal Studies - Question 20 - 2016 - Paper 1
Step 1
Which of the following is true? (A)
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Answer
The judge can instruct the jury that this evidence may not be reliable. This is true because the principle of reliability in evidence evaluation allows the judge to provide guidance to the jury regarding the credibility of the evidence presented, especially if it contradicts prior statements.
Step 2
Which of the following is true? (B)
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Answer
The prosecution cannot cross-examine the accused on this new evidence. This statement is false. The prosecution has the right to cross-examine the accused on any evidence presented during the trial.
Step 3
Which of the following is true? (C)
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Answer
The jury can ask the accused why he did not raise this evidence earlier. This statement is generally false. The jury does not have the right to question the accused directly during the trial.
Step 4
Which of the following is true? (D)
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Answer
The accused does not have the right to raise this evidence during the trial. This is false, as the accused can present evidence in their defense during the trial.
