Types of Evidence CLU 3MR Lesson 71

Types of Evidence Learning Goal: Recognize how the courts use specific evidence to support criminal cases. Warm-Up: Review homework Action: Note and discussion Consolidation: Cases and discussion

Homework: How is evidence presented in criminal trial? Identify each stage of the examination. What is a ‘directed verdict’ and when might the defence ask for one? Compare direct evidence and circumstantial evidence. Who determines the credibility of witnesses?

Terms: Arraignment Direct evidence Circumstantial evidence Examination-in-chief Cross-examination Leading question Directed verdict Subpoena Perjury Voir dire Self-incrimination

Types of Evidence Read pages 200-205 Privileged communications Similar fact evidence Hearsay evidence Opinion evidence Character evidence Photographs Electronic devices & video evidence Polygraph evidence Confessions Read pages 200-205 For each type or evidence, explain, What is it? What are the rules for its use?

Task: “Review Your Understanding” questions on page 207.

Reaching a Verdict The Summation: Formal conclusion of a trial Sums up the key arguments and evidence Also known as the ‘closing statement’ No new evidence can be introduced at this point

Charge to the Jury Judge’s instructions to the jury at the end of the trial Defines and explains the law that applies to the case (ex. Intent is needed for a guilty verdict) Need for evidence to prove beyond a reasonable doubt Many appeals result from this step (judge error)

Jury Deliberation Jury leaves the courtroom with the sheriff One juror is selected as foreperson Usually jurors rely on memory to decide the facts Verdict must be unanimous Can ask to review evidence or laws

Jurors must determine what they believe and what they want to discard Determine weight of remaining evidence Must apply concept of reasonable doubt If they can’t reach a unanimous verdict, the jury is dismissed This is a hung jury Must have a retrial with a new jury If jury reaches a verdict, the foreperson presents it to the court Jurors are instructed never to speak of deliberations, and they are dismissed

Defendant who is acquitted is free to leave Those have been convicted wait for sentencing Jury only advices on sentence in 2nd degree murder

Task: You Be the Judge: Case: R v Burke, Page 209 Answer in paragraph form. (5 marks) Case: R v Burke, Page 210-211 Answer the ‘For Discussion’ questions on p 211 (1=4 marks, 2=1, 3=3, 4=2)