Evidence Flashcards
Notebooks shall be:
NOTEBOOKS
Notebooks shall be: (T.C.A.D)
Thorough
Consistent
Accurate
Detailed
3 important elements of note taking
3 important elements of note taking:
Tour of Duty
Investigative
Procedure
What does TDR stand for, in relation to Evidence?
EVIDENCE: T.D.R.
Testimony of witnesses/ accused presentation of
Documents Objects
REAL
What is the role of police?
ROLE OF POLICE: (P.I.C.T)
Preserve – the scene (secure from further interference) Identify – what the evidence is (how do I get it to court?)
Collect – evidence, follow continuity
Tender – bring to court without contamination ***Full disclosure ALL evidence, whether or not it supports the charge before the court
Under stinchcobme must collect all witness statements
THE TRIAL PROCESS:
- The Information
o Any one on reasonable grounds to believe an offence has been committed may lay an information on oath before a justice
o Can be sworn to by court officers, called Common informants
o Sets out the accused’s identity and charge(s) against them
o Sets out the facts-in-issue for each count - The Preliminary Inquiry
When accused is tried for an indictable offence in any court, other than a provincial judge’s criminal court, a “prelim” inquiry will be held by a provincial court judge
A hearing to decide is there is enough evidence to proceed to trial
• If there is enough evidence, proceeds to trial
• If not enough evidence, discharge the accused
Crown establishes a Prima Facie (of first appearance) case; occurs when there is some evidence in support of a charge which will stand unless displaced and has been demonstrated that there is sufficient evidence to proceed to trial
Direct indictment by-passes the Pre-Lim but is rare.
ORDER OF TESTIMONY:
Examination in chief
Crown ask questions first
Attempt to introduce all facts in issue to prove an alleged offence Generally speaking, no leading questions
Cross Examination
• Questions asked by the defence
• Attempted by the defence to raise reasonable doubt on the facts and attack the credibility of the witness
• Can ask leading questions
Re-examination
Opportunity to clarify any previous questioning Re-establish credibility of the witness
NOT an opportunity to introduce new evidence
TYPES OF EVIDENCE
Testimony
Documentary
Real
There are four major exclusionary rules that affect admissibility of relevant evidence. Which one of the below noted is not one of these rules?
compellability of a witness
What is an example of ‘res gestae’ evidence:
just after assailant hit a victim with a baseball bat he said ‘just what you deserve’ to the victim
The ‘Khan’ principle is:
a statement by a young child to her mother that wasn’t admissible
Four major exclusionary rules of evidence are:
Charter, Opinion, Bad Character, and Hearsay
What kind of opinion evidence could be provided by a non-expert witness?
general knowledge about height, weight and intoxication maybe admissible as opinion evidence
Examples of the three types of evidence are:
words, certificate of analysis, baseball bat
Where are the specific rules that govern the use of any type of evidence found?
the Ontario Evidence Act, The Charter of Rights and Freedoms, and the Canada Evidence Act
Who decides on the competency of witnesses during the court proceedings?
the judge
