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
A) The judge can instruct the jury that this evidence may not be reliable.
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Answer
This option is true because the judge has the authority to guide the jury on the credibility of evidence presented in court. If the defendant remained silent prior to trial, the judge can inform the jury that they should be cautious in weighing the reliability of the later testimony.
Step 2
B) The prosecution cannot cross-examine the accused on this new evidence.
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This statement is not true. The prosecution has the right to cross-examine the accused regarding any evidence presented, including new evidence given in court.
Step 3
C) The jury can ask the accused why he did not raise this evidence earlier.
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This option is misleading. While jurors may have questions, they do not directly ask the accused during the trial. The prosecution can bring this up during cross-examination.
Step 4
D) The accused does not have the right to raise this evidence during the trial.
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This statement is false. The accused is entitled to present evidence in their defense during the trial. They have the right to raise their alibi at that time.
