Confirmation Flashcards
Evidence definition
Includes all legal means, exclusive of mere argument, which tends to prove or disprove the truth of the subject before the court.
Onus of proof
In criminal law the prosecution must prove beyond all reasonable doubt for a guilty verdict.
The defence must on introduce reasonable doubt to the case.
What are the essential requirements to prove guilt?
C.r.i.e.s
C - crime committed R - relevant charge I - identified as culprit (accused) E - evidence is competent S - sufficient evidence
Scots law states that there must be
Sufficient Admissible Evidence to prove Beyond all reasonable doubt That the accused committed the crime libelled.
Rule of best evidence
Best evidence must always be led first.
Hearsay evidence definition
Evidence given at second hand by a person who is merely repeating something said by another person.
Normally inadmissible although admissible when
Statement made by accused under caution
Involuntary exclamation
Statement made by witness on death bed
Credible witness definition
Is one whos evidence is held by the court to be trustworthy no matter how bad the character of the witness may be
Competent and compellable witnesses
Competent - court decides to permit them to give evidence
Compellable - witness is cited and must attend to give evidence
Spouse/civil partner is competent and compellable
M.a.g.i.c.o.p
Motive Ability Guilty intent Identification Conduct after crime Opportunity Preparation
Identification is always required
Production definition
A production includes any liquid, article, document or animal or other thing which is alleged to have some connection with a crime, offence or incident under review.
Moorov doctrine
Two or more crimes or offences
Committed by the same offender
But only one eyewitness available for each crime
In scots law a person is
Presumed innocent of a crime until guilt has been conclusively proven
