Basic concepts of evidence law Flashcards
How does Dennis define evidence in the Law of Evidence?
Evidence is information that provides reasons for belief that a particular fact or set of facts is true
What is highly valued in the common law tradition?
Oral Testimony (giving evidence)
Who adduces evidence in common law trials?
the parties
Who decides whether to admit evidence?
the judge
What is the role of the jury in regards to evidence?
To evaluate it
How does Kilbourne define relevant evidence?
Relevant evidence is evidence which makes the matter which requires proof more or less probable
Give three reasons why relevant evidence might be excluded
it may be:
unreliable
unfairly prejudicial
difficult to challenge
Which legislation covers exclusionary discretions?
PACE s78(1)
What does s78(1) PACE say?
The court may refuse to admit evidence the prosecution intends to rely on if having regards to all the circumstances the admission of the evidence would have such an adverse effect on the fairness of the proceedings that the court ought not to admit it.
What is another way of saying what is contained in s78(1)?
The judge has the discretion to exclude prosecution evidence where the prejudicial effect outweighs the probative value.
