1. Types of Evidence
CLU 3MR
Lesson 71

2. 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

3. 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?

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

5. 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
For each type or evidence, explain,
What is it?
What are the rules for its use?

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

7. 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

8. 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)

9. 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

10. 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

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

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