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Start Figure 7.10 Trial by Jury, p. 183 End
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Start Figure 7.10 Trial by Jury, p. 183 End
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Start Figure 7.10 Trial by Jury, p. 183 End
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Start Figure 7.10 Trial by Jury, p. 183 End
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Start Figure 7.10 Trial by Jury, p. 183 End
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Start Figure 7.10 Trial by Jury, p. 183 End
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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?
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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
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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.
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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
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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
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Electronic Surveillance
Wire taps Bugging Usually only admissible if judge authorizes it beforehand Polygraph: not admissible – but anything said during the exam is
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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
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Start Figure 7.10 Trial by Jury, p. 183 End
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Start Figure 7.10 Trial by Jury, p. 183 End
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Start Figure 7.10 Trial by Jury, p. 183 End
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Start Figure 7.10 Trial by Jury, p. 183 End
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Start Figure 7.10 Trial by Jury, p. 183 End
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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
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