EVIDENCE Evidence must be relevant to the facts and issues of the case Rules of Evidence are outlined in: Common Law Canada Evidence Act Charter of Rights and Freedoms

Types of Evidence Circumstantial evidence Direct evidence Real evidence Hearsay evidence Demonstrative evidence

Circumstantial Evidence: A form of evidence that allows a judge or jury to infer or accept a fact based on a set of known circumstances. A fact that can be used to infer another fact. Example: The cookie monster is found standing by an open cookie jar with cookie crumbs on his face. The circumstantial evidence would indicate that the cookie monster ate a cookie. However, he was not actually seen eating the cookie. You can believe the evidence without necessarily concluding that the accused is guilty. There are other possible inferences that could be made.

Direct Evidence: An eyewitness has seen or heard the alleged events, or some real evidence is provided which proves a fact in question. (The fact in question must prove the guilt of the accused.) COOKIES Example: Someone sees cookie monster eat a cookie out of the cookie jar. If you believe the evidence (ie. eye-witness testimony), then you are forced to conclude that the accused is guilty. There are no other inferences that can be made.

Real Evidence (physical): evidence that consists of physical objects that can be offered into evidence. Example: The cookie jar with the cookie monster’s fingerprints on it. Other typical examples… weapons, tools, tool markings, fingerprints, blood, hair, skin samples Acid Test: Can the item be labeled and deposited with the court?

Hearsay Evidence: evidence that a witness hears from someone else. Hearsay evidence is an out of court statement. The only exception to this is a dying declaration statement. Example: Jimmy told me he saw the cookie monster take a cookie from the cookie jar when I visited him in the hospital, the day before he died.

Demonstrative evidence: Evidence that is prepared by an attorney in an effort to assist in visualizing or comprehending other evidence. Example: A map of the kitchen showing the cookie monster’s proximity and access to the cookie jar. Other typical examples… charts, maps, photographs, crime sketches Does the item itself actually prove the fact, or does it demonstrate a fact that must be proven using some other form of evidence? (Such as an eye witness or an expert witness.)

Evidentiary Tendency Inculpate: [verb] to incriminate Inculpatory Evidence: Evidence that would tend to incriminate the accused. Exculpate: [verb] to exonerate, vindicate, redeem Exculpatory Evidence: Evidence that would tend to exonerate the accused.

Myths Regarding Evidence Myth #1: You can’t convict someone on circumstantial evidence alone. As there is often no witness to the crime, many convictions are based solely on circumstantial evidence. The probable conclusions based on circumstantial evidence can be very strong. There is no legal distinction between direct and circumstantial evidence as far as probative value - it is up to the trier of fact to decide how much weight to give to any particular evidence. Myth #2: Direct evidence (from an eyewitness) is more reliable than circumstantial evidence. Many studies have indicated that an eyewitness’ recollection of events is often quite inaccurate. Eyewitnesses often make positive errors (adding false details), and negative errors (forgetting correct details). Memory seems to be influenced by a witness’ expectations, beliefs, age, stress level, as well as the manner in which questions are posed to the witness. Not to mention the fact… PEOPLE LIE!!!

Types of Witnesses Independent Eye Witness: Person who just happened to be there, saw everything, has no vested interest in whatever happened and is usually considered the best all-around type of witness. Victim or Complainant: Usually similar to the indep. eye witness with one exception-they have a vested interest in the proceedings. Hostile Witness: Does very little to help police. Is hostile to police, victim or even accused.

Other Related Key Terms Exhibits: Physical items that are presented as evidence. Are tagged and numbered (e.g. time, date, etc…) -If exhibits are not properly stored and organized lawyers can claim that it is contaminated or lost. Diagrams: Often used to clarify a crime scene. Subpoena: A court order issued to a witness to appear in court to testify. If subpoenaed, a witness is required by law to appear in court on specified date and time.