Quiz 2 Flashcards
REASONABLE GROUNDS:
A set of facts or circumstances that would lead a prudent and cautious person
believe beyond mere suspicion.
EVIDENCE:
Testimony of witnesses and presentations of documents and things which a
court will permit to be used in legal proceedings as proof of fact.
THREE FORMS OF EVIDENCE:
TESTIMONY
DOCUMENTARY
REAL
BEST EVIDENCE RULE:
Best evidence is the original evidence, if available, and practicable.
PROBATIVE VALUE OF EVIDENCE:
How strong a piece of evidence is. How important it is in proving a chain of
events.
CLEAN EVIDENCE:
Physical evidence, properly and legally obtained by investigators, not
contaminated. Chain of custody proven-continuity. No Charter of Rights
violations.
FACTS IN ISSUE:
The specific points that must be proven beyond a reasonable doubt to obtain a
conviction in court. Broken up into General Facts in Issue ( who, where,
when) and Specific Facts in Issue (why/how - outlined in each specific
charge) What are the special facts in issue
DIRECT EVIDENCE:
Will directly prove or disprove one or more of the facts in issue
CIRCUMSTANTIAL EVIDENCE:
Evidence which infers or suggests some fact is true from existence of other proven facts.
CORROBORATION:
An independent source of evidence that supports another piece of evidence.
Supportive, adds weight. Real evidence - knife with suspect handler DNA on
handle, and witness that saw a knife in hand of suspect.
CORROBORATION BY PRACTICE:
Previously some kinds of evidence required corroboration. Sexual assault was
the biggest one. Not so anymore, but it is dangerous to convict without it.
PREJUDICE:
How a piece of evidence may mislead or be unfair to an accused. (If prejudice
is greater that probative value, evidence may be excluded. Eg. Gruesome
scene photographs. A prior sex assault investigation involving the accused
who is currently charged with sex assault.
DRAWING OF INFERENCES:
The interpretation of a piece of evidence that infers a connection in the
evidence to help prove a fact in issue.
Advantages of search with a warrant vs without a warrant
OBJECTIVE TEST of your SUBJECTIVE BELIEF
-isn’t this much better before court! If you need more grounds
now is the time to try and find them.
2. DUTY BOUND TO ACT
- You have been given “Judicial Authorization” to carry out your
duties. Your authority to carry out your search is clearly defined –
Obstruct Police, Obstruct Police, etc. What if force happen to be
used? Better protection. “Lawful execution of your duties”
3. ADDED PROTECTION FROM CIVIL AND CRIMINAL LIABILITY
-You have court authorization. You are duty bound with authority
given by a judicial official. Your reasonable grounds has been
measured by someone else who is independent and impartial.
4. ADDED AUTHORITY TO SEIZE OTHER EVIDENCE “anything that
would constitute an offence against ANY act of Parliament.”
Drugs, weapons, stolen property…
Think of this as an extension of the Plain View Doctrine ( a clear
seizure authority) . What is the analysis in this doctrine? There
has to be an evaluation that you are lawfully on the premise. In
The Crime Triange
Offender Place Victim