Evidence Flashcards
Direct vs. Circumstantial Evidence
Direct - The object of the matter e.g. gun, knife etc. (Primary)
Circumstantial - Secondary evidence e.g. fingerprints and blood.
The 3 Types of Evidence
- Original: Facts perceived by the witness i.e. seeing, touching etc.
- Real: Physical evidence e.g. DNA, gun etc.
- Documentary: Evidence in documents e.g. records such as receipts and transcripts.
Inculpatory vs. Exculpatory
Inculpatory: Evidence that can establish guilt
Exculpatory: Evidence that points towards innocence
What makes evidence admissible? (RRF)
- Relevance: Relevance of evidence S. 55 EA
- Reliable: Test of credibility S. 165 EA
- Fair: Obtained lawfully S. 135 - 138 EA
2 Types of Opinion Evidence
Lay - Opinion and belief based.
Expert - Something an indiviual has studied or is qualified in and are able to give expert evidence.
S. 78 EA 1995 (Lay Opinion)
Court may allow non-expert opinion to be heard in court. Considerations are given to: - Age - Speed - Sobriety - Time and distance
S. 79 EA 1995 (Expert Opinion)
Court will permit someone who has “specialised knowledge based on the person’s training, study or experience” and on which the opinion is “wholly and substantially based”
Examples of expert opinion
- Doctor giving evidence in relation to injuries suffered
- Mechanic in relation to a vehicles roadworthiness
- Handwriting expert giving evidence
Define Hearsay
Hearsay is genereally information a witness knows because they were told about it from someone else i.e. they did not recieve the information first-hand with their own senses. It is less reliable than first-hand observations.
Exceptions to Heresay Evidence (FATBITCH)
F - First hand hearsay, person is unavailable
A - Admissions
T - Tags, labels and writings
B - Business records
I - Identification of a person, place or thing
T - Telecommunication and electronic records
C - Contemporaneous notes about a person’s health
H - Hearsay for non-hearsay purposes
