Evidence Flashcards
1
Q
Fact evidence
A
A true account (admissible)
2
Q
Propensity evidence
A
Persons tendencies or state of mind
Inadmissible
3
Q
Opinion evidence
A
Conclusion reached from observed facts
Non-expert = to Id person or hand writing, to state their own physical/mental state at the time
Expert = specialist in the field for that evidence
4
Q
Hearsay evidence
A
Statement of a third party
Usually inadmissible
5
Q
How to determine reliability of hearsay
A
CHANT C ontents H ow made A ccuracy N ature T ruthfulness of witness
6
Q
When can hearsay be admissible?
A
- statement is reliable (CHANT)
- witness is unavailable
7
Q
What makes a witness unavailable?
A
DUNCO
D ead U nfit N ot compelled C annot be ID’d or found O upside NZ
