1-Introduction Flashcards
Parties definition
both sides of case
adduce definition
present evidence to court
admissible definition
permitted to be used
exclude definition
evidence that is not to be used
weight definition
how persuasive is certain evidence
what is voir dire
hearing to discuss admissibility of evidence
what are the thee types of evidence
oral testimony
documentary- written
real evidence - cctv, objects, crime scene
who decides whether evidence should be admitted
the judge
what is evidences role
to prove a fact- must be relevant
burden of proof is on who
prosecution
woolmington v dpp states
D has a presumption of innocence
what are exemptions to presumption of innocence
DR and insanity
Miller v Ministry Pensions
gave beyond reasonable definition
R v Summers
juries must feel sure before prosecuting
evidence must be the following three things
relevant
not blocked by restrictive rules
hearsay/character must pass gateway exception
how can evidence be relevant
if the evidence is relevant to proving something
DPP v Kilbarne
fact must be one that needs proving
what types of evidence have restrictive rules in order to be used
hearsay evidence (out of court statement)
bad character evidence
witness credibility evidence
sexual history
expert evidence (who is classified as expert)
ID evidence
silence as evidence
what is direct evidence
direct relation to a fact, truth to prove a fact, strong evidence
what is circumstantial evidence
relevant facts which draw inferences, mainly used with other evidence
what part of PACE shows reasons for excluding evidence
section 78
Why may evidence be excluded if relevant
unreliable unfair difficult to challenge distraction to main issue inhuamne
what evidence may be unreliable
ID evidence
expert evidence
confessions
what evidence may be prejudicial
damaging evidence
bad character
sexual history
what evidence may be difficult to challenge
hearsay
expert
what evidence may be a distraction
bad character
what evidence may be inhumane
sexual history
is evidence always excluded when gathered improperly
no depends on prejudice and value it has R v Sang
