Chapter 1 Flashcards
refers to the use of witnesses, records, documents,
and physical objects to support a claim in court
Medical Evidence
Evidence must be ____ to the issue at hand and help prove or disprove a fact.
relevant
The rules of evidence are ___ in all courts, whether civil or criminal
similar
Evidence is ____ if it meets the relevancy criteria and is not excluded by the rules.
admissible
____ means that the evidence has the tendency to prove or disprove a matter of fact
Relevancy
______ which are unrelated to the issue, are generally not allowed as evidence unless they reasonably establish the probability or improbability of the fact in question.
Collateral matters
What are the 5 types of medical evidence?
Real or Autoptic Evidence
Physical Evidence
Experimental Evidence
Testimonial Evidence
Documentary Evidence
Evidence perceived by the senses, including
vision, hearing, taste, smell, and touch.
Limitations to presenting this
include indecency, impropriety, repulsive
objects, and offensive items.
Real or Autoptic Evidence
Evidence perceived by the senses, including
vision, hearing, taste, smell, and touch.
Limitations to presenting autoptic evidence
include indecency, impropriety, repulsive
objects, and offensive items.
Real or Autoptic Evidence
Court allows a medical witness to
conduct experiments to confirm their
allegations or corroborate their opinions.
Experimental Evidence
Physician testifies in court as an ordinary
witness or expert witness.
Testimonial Evidence
Ordinary witnesses provide testimony based on their perception during the physician-patient relationship.
Expert witnesses provide opinions on medical facts
based on their training and experience.
Testimonial Evidence
Medical certifications, reports, opinions, and
depositions can serve as evidence.
Documentary Evidence
Objects or substances found in connection with the investigation that aid in establishing identity or circumstances of a crime.
Physical evidence
What are the types of physical evidence?
Corpus Delicti
Associative Evidence
Tracing Evidence
Objects or substances that are part of the crime,
such as the victim’s body or recovered prohibited drugs.
Corpus Delicti
Physical evidence that links a suspect to the crime,
such as weapons, tools ,garments, fingerprints, or foot impressions.
Associative evidence
Physical evidence that helps locate the suspect, such as manifests, medical records, or bloodstains indicating movement direction.
Tracing Evidence
It means “sufficient to establish a fact or raise a presumption unless disproved or rebutted.”
prima facie
A preliminary investigation is conducted by the ___ to establish prima facie evidence for filing the case.
prosecuting fiscal
Delays in court proceedings, including hearing postponements and prioritization of other cases, can further hinder the process.
Preservation of Evidence
It is vital in medico-legal investigations to ensure its
INTEGRITY and USEFULNESS in court
Preservation of Evidence
Physical evidence in medico-legal investigations should be preserved to maintain its value as ____
Court Exhibits
Medical evidence is ____ to destruction or alteration without appropriate preservation procedures.
The _____ between evidence recovery and its presentation in court adds to the challenge of preserving evidence.
susceptible
time-gap
If no scientific apparatus to
preserve evidence is available then a
rough drawing of the scene or object to be
preserve is done. It must be simple,
identifying significant items and with
exact measurement.
Sketching
This is putting into words the
person or thing to be preserved. Describing
a thing requires keen observation and a
good power of attention, perception,
intelligence and experience.
Description
In a miniature model of a scene or of a human body
indicating marks of the various aspects of the things to be preserved
Manikin Method
A person who perceived something relevant
for proper adjudication of a case maybe a
witness in court if he has the power to
transmit to others what he perceived.
preservation of the mind of the witness
Special way of treating certain type of evidence may
be necessary.
Special Methods
Kinds of evidence necessary for conviction
Direct Evidence
Circumstantial Evidence
That which proves the fact in dispute without the aid of any inference or presumption. The evidence presented corresponds to the precise or actual point at issue.
Direct Evidence
The proof of fact or facts from which, taken either single or collectively, the existence of a particular fact in dispute maybe inferred as a necessary or probable consequence
Circumstantial evidence
How does the court determine weight and sufficiency of evidence?
- Preponderance of Evidence
- Proof beyond reasonable doubt
