Turnbull Direction is a legal term referring to guidance provided by a judge to a jury in criminal trials regarding the evaluation of the credibility and reliability of witness testimony. It originated from the case of R v Turnbull and has since become a standard practice in the United Kingdom. The direction instructs the jury to exercise caution when relying solely on the testimony of a single witness, especially in cases where the witness’s credibility might be in question. The jury is advised to consider various factors, such as the witness’s demeanor, consistency, motive, and the presence of corroborating evidence, before reaching a verdict. The Turnbull Direction aims to ensure fair trials and prevent wrongful convictions based on unreliable testimony.
Where the prosecution case relies to a large extent on the identification of the defendant as the perpetrator, the judge should warn the jury of the need for caution in interpreting the evidence of the identifying witnesses. The judge should point out that a witness can be quite certain in his own mind, and very confident of his identification, and yet still be mistaken.
In R v Clifton (1986), Lord Lane CJ emphasised that the Turnbull direction should expose the weaknesses in the identification evidence in the specific case, as well as problems with identification in general.
Turnbull Direction is not a legal term but a statistical technique. However, it may be referenced in legal contexts where statistical analysis of evidence is required.
Yes, Turnbull Direction can be used in court proceedings, particularly in cases where the admissibility and interpretation of statistical evidence are relevant.
In legal contexts, Turnbull Direction may be used to analyse data or evidence with skewed or non-normal distributions, such as financial records, forensic evidence, or survey data.
While there are no universal guidelines, legal practitioners may refer to scholarly articles, expert testimony, or case law precedent to determine the appropriateness and admissibility of Turnbull Direction in a particular case.
Factors such as the nature of the evidence, sample size, data quality, and the expertise of statisticians or expert witnesses should be carefully considered when using Turnbull Direction in legal proceedings.
Turnbull Direction, like any statistical analysis, can provide valuable insights into the reliability and significance of evidence. However, its impact on the outcome of a case depends on various factors, including the strength of the evidence and the arguments presented by legal counsel.
While specific legal precedents may vary by jurisdiction, there have been cases where courts have considered and accepted statistical techniques like Turnbull Direction as admissible evidence, particularly in complex financial or forensic investigations.
Yes, expert witnesses with expertise in statistics or related fields may be called upon to explain and interpret Turnbull Direction findings to judges and juries during legal proceedings.
Legal standards for the use of statistical techniques like Turnbull Direction may vary by jurisdiction and the specific requirements of the case. Courts may rely on principles of relevance, reliability, and fairness when assessing the admissibility of such evidence.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 29th March 2024.
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