Evidence Flashcards
What is an oral testimony?
What a witness says on the stand
What is documentary evidence?
Any recorded document (includes photo, video, etc.)
For documentary evidence can both primary and secondary sources be used?
YES
- Primary is better and usually original
- Secondary is allowed, usually a copy
What is real evidence?
Material object produced in court
What is direct evidence?
evidence that doesn’t require further inferences
What is circumstantial evidence?
evidence from which facts may be inferred
What did ‘ R v Pinnock [2006]’ decide in relation to circumstantial evidence?
- can provide and often does provide a very strong case against an accused person
- Provided the inferences the Crown invite the jury to draw from the circumstances are safe and proper inferences
- The defence will find difficult in persuading court that conviction secured upon them is unsafe
The law of evidence is based on a ‘adversarial system’ what is meant by this?
The judge/jury rely on facts and arguments presented by competing sides.
The CJA 2003 included what to enable wider acceptance of all relevant evidence?
- Hearsay
- Character Evidence
Both more favourable for the prosecution
What is the purpose of imposing limits on evidence?
- Efficiency
- Equity/fairness
- policy grounds (stopping so disclosure on grounds of national security, attorney client privilege)
What are recognised as the key concepts in the law of evidence?
- Admissibility (receivable by the Court) - question of law
- Weight, question of fact
How is admissibility usually determined?
On the basis of relevance?
How did Lord Steyn Randall describe
‘probative of fact in issue’ with regard to admissibility?
Evidence which is capable of increasing or diminishing the probability of the existence of a fact in issue.
What is recognised as ‘relevant’ in respect of admissible evidence?
Whether it is;
(a) probative of fact in issue
(b) Depending on circumstances
Can relevance relate to timing when dealing with admissibility?
If so give an example.
YES
- Behaviour immediately after a murder may be relevant however beehives at a funeral days later would not
What controversial area of admissibility may sometimes be allowed by the Court?
Complainant’s sexual history
- generally irrelevant but there are exceptions
- Regulated by the Youth Justice and Criminal Evidence Act 1999, ss 41-43
What may be excluded under inadmissible evidence?
- Where a witness is not competent
- Prejudicial effect outweighs probative values
- where trial is made unfair
What must the jury do after admissible evidence is produced in court?
Weigh evidence for;
- Reliability
- Credibility (believability)
What is the ‘evidential burden’?
- ” Not a burden of proof” per Lord Bingham
- Obligation on a party to argue sufficient evidence to raise a fact in issue
What is the legal burden of proof?
Obligation on a party to prove a fact in issue e.g. an element of the offence
As a general rule who is the legal burden of proof on?
The prosecution
What did Woolmington v DPP [1935] state in relation to burden of proof?
- that the “golden thread” is to be seen that duty of prosecution is to prove prisoner’s guilt
- Except where defence of insanity is produced and subject to any statutory exception
How did the ECHR way in on the burden of proof being the prosecutions burden?
Article 6(2)
- Every person concerned innocent until proven guilty
- Therefore, prosecution must prove such a person is guilty
What exceptions are there to the general rule on burden of proof?
- Common law defence of insanity
- Statutory provisions (expressly or impliedly)