Evidence Flashcards
Define facts in issue
The facts that any party needs to prove in order to prove its case
What are the methods of proving a fact?
- Live evidence
- Agreeing a witness statement which is then read out
- Agreeing any fact between parties
- A judge taking judicial notice
What is the role of jurors regarding research?
Jurors are not allowed to do their own research at any time
What types of evidence are there?
- Oral evidence
- Written evidence
- Real evidence (objects)
- Direct evidence
- Circumstantial evidence
- A view
What is required for evidence to be admissible?
Evidence must be relevant i.e logically probative of a fact in issue
What happens if evidence is deemed very weak?
The judge can intervene to rule it as inadmissible
What is the tribunal of fact?
Determines facts in a case
In magistrates court, this is the magistrates or district judge; in the crown court, this is the jury.
What is the tribunal of law?
Determines the law
In magistrates court, this is the magistrates or district judge; in the crown court, this is the judge.
Which tribunal determines issues of admissibility of evidence?
tribunal of law
What is direct evidence?
Witness testimony from someone who has had direct experience of the matter
Direct evidence is often considered stronger than circumstantial evidence.
Fill in the blank: _______ evidence is evidence from which facts are inferred.
Circumstantial
Circumstantial evidence can suggest a conclusion but does not directly prove it.
True or False: Jurors can take notice of personal matters they know but are not generally known.
False
Jurors are prohibited from using personal knowledge in their deliberations.
Who has the burden of proof in criminal cases?
The burden of proving the elements of the offence is always on the prosecution.
What is the standard of proof required for the prosecution?
The standard to which prosecution proof is put is ‘beyond reasonable doubt’.
When might the burden of proof be on the D?
insanity, diminished responsibility
What is the standard of proof for the defendant?
The standard for anything that the defence has to prove is the balance of probabilities.
What is the evidential burden?
The judge (tribunal of law) must ensure that the jury (tribunal of fact) has heard some evidence on which it could find that the issue has been proved.
What happens to the burden if the defence challenges the prosecution case?
Nothing - defence can make positive assertions but the burden is still on the P.
When does the burden shift to the defence?
Burden only shifts when the defence is putting forward an active defence.
What is the relationship between legal burden and evidential burden?
Generally, if you have a legal burden to prove a fact in issue, you have the evidential burden of ‘passing the judge’ with the same evidence.
In what rare cases can legal and evidential burdens become detached?
In very rare cases, particularly self-defence, the legal burden and the evidential burden can become detached.
What is required for self-defence to be put before the jury?
The judge requires some evidence to be raised by D to put the issue before the jury, but there is no standard of proof required.
What must the prosecution do if the judge is content with self-defence evidence?
If the judge is content, then the prosecution has to disprove self-defence to prove that the use of force was unlawful - burden was always on the P, they just now have to also prove that the force wasn’t in self-defence
What is the reverse burden of proof regarding diminished responsibility?
The defendant has to actually prove diminished responsibility.
What is required of the prosecution regarding the defence of duress?
The prosecution is not required to predict that a defence of duress will be relied upon, but if sufficient evidence is raised to leave it as a live issue, it is the prosecution who must disprove it beyond a reasonable doubt.
What must the Judge direct the jury regarding the defence of alibi?
The Judge must direct the jury that although the defence has raised the defence, it is not a matter for them to prove.
The prosecution retains the burden of disproving the alibi.
