Exclusionary Discretion Flashcards
1
Q
What is an alternative to exclusionary discretion?
A
Limiting Instructions
2
Q
In what case did the court say “the judge may exclude only evidence gravely prejudicial to the accused”
A
R v wray
3
Q
True or False for the crowns evidence to be excluded Probative value must outweigh prejudicial effect and same for the defences evidence?
A
False, to be excluded Prejudicial Effect must outweigh probative value for Crowns ( Seaboyer)
And for Defence the Prejudicial Effects has to REALLY outweigh the probative value.
4
Q
How is a caution different than limiting instructions
A
A caution warns the jury about using the evidence
