Start Figure 7.10 Trial by Jury, p. 183 End
Start Figure 7.10 Trial by Jury, p. 183 End
Start Figure 7.10 Trial by Jury, p. 183 End
Start Figure 7.10 Trial by Jury, p. 183 End
Start Figure 7.10 Trial by Jury, p. 183 End
Start Figure 7.10 Trial by Jury, p. 183 End
Evidence: Leading questions: suggests to the witness a particular answer Allowed on cross-examination but not direct E.g. “Wasn’t it Tom you saw holding the knife and stabbing Al? Reword: “What did you see Tom do to Al?
Hearsay statements: evidence given by a witness based on information received from someone else rather than personal knowledge E.g. “Ann told me that she saw Tom stab Al with a knife” Not admissible
Opinion Statements: Lawyers cannot ask a witness to give an opinion on anything that goes beyond common knowledge unless the witness is an expert in that area.
Types of Evidence Direct evidence: testimony given by a witness to prove an alleged fact E.g. eye witness testimony Circumstantial Evidence: indirect evidence that leads to a reasonable inference of the defendant’s guilt E.g. no eye witnesses but fingerprints
Character Evidence: evidence used to establish the likelihood that the defendant is the type of person who either would or would not commit a certain offence. Crown can only introduce past convictions, defence can introduce good character but Crown can rebut
Electronic Surveillance Wire taps Bugging Usually only admissible if judge authorizes it beforehand Polygraph: not admissible – but anything said during the exam is
Voir Dire: A mini-trial in which jurors are excluded while the admissibility of evidence is discussed. E.g if a confession was given voluntarily
Start Figure 7.10 Trial by Jury, p. 183 End
Start Figure 7.10 Trial by Jury, p. 183 End
Start Figure 7.10 Trial by Jury, p. 183 End
Start Figure 7.10 Trial by Jury, p. 183 End
Start Figure 7.10 Trial by Jury, p. 183 End
Start Figure 7.10 Trial by Jury, p. 183 End
Start Figure 7.10 Trial by Jury, p. 183 End
Start Figure 7.10 Trial by Jury, p. 183 End
Start Figure 7.10 Trial by Jury, p. 183 End
Appeals: Notice within 30 days Appeal court will affirm the lower courts decision, reverse the decision, or order a new trial Can also appeal a sentence