Canadian Courts, Law and Forensic Science Flashcards
What is the role of the expert witness?
Purely to speak of facts, not one to convict/save, nothing to prove
What is the adversarial system?
Two opposing sides presenting their own facts
Differentiate between science and law
Science: develops and tests hypotheses, revision of opinions over time as necessary
Law: preserves social order, makes definitive judgments
What three court failures can explain failures of the criminal justice system?
Failure to detect incompetent experts
Failure to properly define expert qualifications
Failure to adequately assess the quality of expert witness testimony
What are some potential problems with expert evidence?
Scientific aptitude of lawyers, judges
Experts may not be the most qualified but most favourable to their respective side
Success may depend on delf-confidence and demeanor of the expert
Conflict between a lawyer’s duty to their client and duty as an officer of the law
What is viva voce evidence?
oral evidence
What is affidavit?
A written statement or declaration of facts that are sworn or affirmed to be true
What is the preliminary trial/inquiry?
The procedure conducted by a provincial court to determine whether the Crown has sufficient evidence for a trial of the accused
What is a lay witness?
An individual at a trial who is asked to provide info about the incident
Can only provide info personally observed
No opinions
What is an expert witness?
An indvidual at a trial who is asked to provide information about a subject area that requires expertise to understand
Can provide opinion testimony
Outline the trial process for an expert witness
Oath or affirmation to tell the truth
Voir dire to determine status as an expert witness
Examination in chief
Cross examination
Re-examination
What is an oath?
A solemn declaration, followed by a swearing to God or honoured deity, whereby a person promises to tell the truth
What is an affirmation?
Solemn declaration made by a person to tell the truth.
What is a voir dire?
Procedure to determine admissibility of certain evidence or whether an individual qualifies as an expert
What notice must the Crown provide to the courts about their expert witness?
30 days prior must provide:
name, statement of qualifications, area of expertise
When must the defense provide their notice of an expert witness?
No later than the close of the Crown’s case?
Why the difference between the time allotted for the Crown’s vs. defense’s notices?
Crown has governmental resources behind them
What is the examination in chief?
Direct exam
Questioning of a witness in a trial or other proceeding conducted by the party who called the witness to testify
What is the cross examination?
Examination of a witness by an opposing party to develop or test the truth of the evidence by the witness during examination in chief
What is re-examination?
Re-questioning of the witness by chief examiner
What is re-examination limited to?
Clarifying statements made during cross
Asking questions related to new info made available during cross
Cannot ask questions unrelated to cross
Summarize R. v. Mohan
Medical dr. accused of SA of young patients
Defense proposed to call an expert witness to give testimony that the accused did not fit the profile of someone who would commit the crime
Judge found expert evidence inadmissible - simply character witness type
Mohan guilty
Outline the appeal process in Mohan
- Mohan appeals to ON court of appeal
- Crown appeals to ON court of appeal stating sentence wasn’t long enough
- Appeal court finds expert testimony to be admissible
- Crown appeal to SC of Can
- SC finds testimony inadmissible and upholds original judge’s decision
What criteria for an expert witness was laid out following R v Mohan?
Relevance
Necessity in assisting the trier of fact
Absence of any exclusionary rule
Properly qualified expert