Evidence Flashcards
Define Evidence
Body of information that will be presented to the trier of fact to determine whether the Crown has proved its case.
What are the 4 types of Evidence and their importance?
1) Direct evidence - a fact based on a witnesses personal knowledge (testimony)
2) Real evidence- physical evidence (fire arm, finger print, pen)
3) Circumstantial evidence- does not establish guilt but can point towards it.
(A witness hearing screams and sees someone running out of the house with a knife)
4) Hearsay evidence- those who relate not what they know themselves but what they have heard from others
Admissibility of Evidence - Competence Vs Compellability
Competence- the witnesses capacity to give truthful and reliable evidence. Age, mental status, injury (medications)
Compellability- a witness being forced to give relevant evidence (subpoena)
Husband and wife rule
What are the Burden of Proofs in civil vs criminal law?
Civil - balance of probabilities - 51%
Criminal - beyond a reasonable doubt - 99%
What are the 4 steps in scene management when collecting evidence?
1) Approach- safety, alert for evidence
2) Secure and protect- take control of the scene, designate roles, gathering information from personnel
3) Preliminary Survey - walk through scene , narrative technique, photographs, protect physical evidence , take extensive notes
4) Physical evidence- ensure collection, packaging and equipment efficient , evaluate whether scene appears contrived.
Explain what is the Evidence Chain of Continuity.
Systematic management of physical evidence to ensure the safety and integrity of each item.
Should a piece of evidence become altered or contaminated in any way continuity should provide an adequate explanation of when and how this occurred and who was in possession of the item at the time
What are 2 things you need to remember when collecting and recording evidence
1) Continuity of evidence report
2) Bagging and tagging
How do you handle evidence? (2)
What comes first- officer safety , scene management, photos, prints, record
Wear latex gloves- help reduce contamination, do not try to recreate the scene
What is questioned material and why does it need to be submitted and provided with documented support?
Forged documents.
You must provide with sufficient samples for comparison.
Protect all samples/documents in cellophane/plastic envelop.
Where are the rules of evidence developed from? (2)
1) Common Law
2) Statutes
3 exceptions for Hearsay rule
1) Dying declarations
2) Spontaneous utterance
3) Prior inconsistent statements
4 reasons for Hearsay rule
1) OG author of statement was not under oath at the time
2) Accused must be given opportunity to face accuser
3) No opportunity for accused or crown to cross examine
4) The court has no opportunity to observe the demeanor
Rule between compellability and competence
Compellability follows Competence. Once Competent, a witness will generally be compellable to give evidence.
The accused is NEITHER COMPETENT NOR COMPELLABLE to give evidence against themselves.
Define “Voir Dire”
Used to determine the admissibility of evidence
The trial judge will look at the evidence in the voir dire and determine if there has been charter violations and whether the evidence is admissible
2 points of Admissibility of an accused statement
A witness or civilian can relate anything the accused says to them as part of their trial testimony
A peace officer is “a person in authority “
