Meaning & Admissibility Flashcards
Define evidence…
All legal means (exclusive of mere argument) which tends to prove or disprove the truth of a subject before the court.
What are the essentials required for the prosecution to prove guilt?
Crime has been committed
Relevant charge to the crime
Identification of the suspect as the culprit
Evidence must be competent
Sufficient competent evidence must be available
Define Scots law…
A person is presumed innocent of a crime until guilt has been conclusively proved.
What is the onus of proof?
That the guilt of a suspect must be proved beyond all reasonable doubt.
What is the principle of corroboration?
One piece of evidence must be backed up by another piece for it to be accepted as fact.
What is the rule of best evidence?
The best available evidence must always be led first, unless there is a reasonable excuse why it cannot be, in which case a photograph or copy may be accepted if it has a certificate of authentication .
Define hearsay evidence…
Evidence at second hand given by a person who is merely repeating something said by another person.
When is hearsay evidence admissible in court?
- Dying declaration or disposition
- Anything said after caution.
- Involuntary exclamation at time of event- “he’s got a knife!”
What is a competent witness?
One who will be heard by the court.
What is a compellable witness?
One who MUST attend court (citation)
