| Module Title |
Law of Evidence |
| Module Code |
LAW1029 (ITS: LG337) |
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Faculty |
Humanities & Social Sciences |
School |
Law & Government |
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NFQ level |
8 |
Credit Rating |
5 |
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Description
The rules of evidence which apply in the Irish courts have evolved over generations, and continue to evolve. Both the courts, and increasingly the legislature, have played a role in determining these rules. This module aims to acquaint students with the rules of evidence, their origins and the context of their development, and to equip students with sufficient substantive knowledge and contextual information to allow them to critique the ongoing need for these rules, and the potential for the recognition of further rules of evidence.
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Learning Outcomes
1. describe the function of the law of evidence in legal proceedings;
2. outline the basic principles of the law of evidence;
3. outline and appraise the rules of evidence and demonstrate knowledge of relevant case law and legislation;
4. solve hypothetical evidentiary problems with reference to case law and legislation;
5. critique the rules of evidence in terms of their development and ongoing significance.
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| Workload | Full time hours per semester | | Type | Hours | Description |
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| Lecture | 24 | No Description | | Assignment Completion | 24 | Preparation for Mock Voir Dire - Written | | Assignment Completion | 8 | Preparation for Mock Voir Dire - Oral | | Group work | 5 | Group Work for Mock Voir Dire | | Independent Study | 40 | Reading for Lectures | | Independent Study | 24 | Preparation for Final Assignment |
| Total Workload: 125 |
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| Section Breakdown | | CRN | 20600 | Part of Term | Semester 2 | | Coursework | 100% | Examination Weight | 0% | | Grade Scale | 40PASS | Pass Both Elements | N | | Resit Category | RC1 | Best Mark | N | | Module Co-ordinator | Yvonne Daly | Module Teacher | |
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| Assessment Breakdown |
| Type | Description | % of total | Assessment Date |
|---|
| Project | Mock Voir Dire | 75% | n/a | | Assignment | A brief assignment on a topic other than that examined within the Voir Dire assessment | 25% | n/a |
| Reassessment Requirement Type |
Resit arrangements are explained by the following categories;
RC1: A resit is available for both* components of the module.
RC2: No resit is available for a 100% coursework module.
RC3: No resit is available for the coursework component where there is a coursework and summative examination element.
* ‘Both’ is used in the context of the module having a coursework/summative examination split; where the module is 100% coursework, there will also be a resit of the assessment
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Pre-requisite |
None
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Co-requisite |
None |
| Compatibles |
None |
| Incompatibles |
None |
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All module information is indicative and subject to change. For further information,students are advised to refer to the University's Marks and Standards and Programme Specific Regulations at: http://www.dcu.ie/registry/examinations/index.shtml
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Indicative Content and Learning Activities
Introduction to Fact Finding and Principles of Proof – purpose, origins and development of rules of evidence; function of judge and jury; standard and burden of proof; witness system
Competence and Compellability – the accused; spouse of the accused; persons with disabilities; children and vulnerable witnesses – important changes over
Corroboration – Why is certain evidence seen as weak?; accomplice evidence; children
s evidence; ID evidence; confession
Improperly Obtained Evidence – differences in approach in Ireland, England and Wales, and United States; unconstitutionally obtained evidence; illegally obtained
Opinion Evidence – expert evidence; DNA evidence
Rule Against Hearsay – basis of the rule; exceptions to the rule; new legislative exception – prior witness statements
Similar Fact Evidence – admissibility of evidence of past bad behaviour of accused
The Accused as a Witness and the Criminal Justice (Evidence) Act, 1924 – loss of the shield; difference of approach in Ireland and England and Wales
Privilege – sacerdotal; legal/professional; without prejudice communications; public privilege
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Indicative Reading List
Books:
- Liz Heffernan and Yvonne Daly: 2025, Evidence in Criminal Trials, Bloomsbury Professional, 0, 9781526529978
- Caroline Fennell: 2019, The Law of Evidence in Ireland, Bloomsbury Professional, 512, 9781526504890
- Declan McGrath,Emily Egan McGrath: 2020, McGrath on Evidence, 9780414081772
- 2024: Walsh on Criminal Procedure, 3rd Edition, 9780414118324, 1705430
- 2014: Evidence, 2nd, Thomson Round Hall, Dublin, 1705429
- 2009: The Law of Evidence in Ireland, 3rd, Bloomsbury Professional, Dublin, 1705431
- 2014: Evidence in Criminal Trials, Bloomsbury Professional, 1705432
- 2016: Walsh on Criminal Procedure, 2nd, Thomson Round Hall, 1705433
- 2005: Evidence, Thomson Round Hall, Dublin, 1705434
- 2008: Evidentiary Foundations: Irish Edition, Tottel Publishing, Dublin, 1705435
- 2006: Rethinking Evidence: Exploratory Essays, 2nd, Cambridge University Press, 1705436
- 2006: Scientific Evidence: Fingerprints and DNA, Firstlaw, Dublin, 1705437
- 2005: Evidence: Cases and Materials, Thomson Round Hall, Dublin, 1705438
- 2004: Irish Laws of Evidence, Thomson, Round Hall, Dublin, 1705439
- 2002: Evidence, Thomson Round Hall, Dublin, 1705440
- 2002: Criminal procedure, Thomson Round Hall, Dublin, 1705441
- 1998: The Case for the Right to Silence, Amesbury Series in Philosophy, 1705442
- 1998: The Irish Police, Round Hall Sweet & Maxwell, Dublin, 1705443
- 1989: The Principles of Criminal Evidence, Clarendon Press, Oxford, 1705444
- 2005: e.g. Report on the Establishment of a DNA database,
Articles:
None |
Other Resources
- 1: Moodle, Lecture notes and links to relevant journal articles, case-law and websites will be available on the DCU Moodle page for this module,
- 416408: 1, Journals, Students should also regularly refer to relevant journals, such as the Irish Criminal Law Journal, the Judicial Studies Institute Journal, and the International Journal of Evidence and Proof,
- 416409: 1, Electronic Sources, Some useful electronic resources are: Justis, WestLaw IE, FirstLaw, LexisNexis, www.bailii.org, www.irishstatutebook.ie, www.lawreform.ie, www.courts.ie, www.echr.coe.int,
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