Rules of evidence Flashcards
The facts proven or disproven in the courts by evidence are?
Facts in issue
What is hearsay?
Evidence not perceived by 1 of the 5 senses
What type of evidence can be given by an expert or someone with experience in a field?
Opinion
What are the two types of opinion evidence?
Expert & Non-Expert
What type of evidence is based on past behaviour?
Character
Can the defence raise evidence of good character?
Yes
Can the prosecution raise evidence of bad character?
No (but past convictions may still effect outcome of case)
Who has the burden of proof?
Prosecution (police)
Police must prove…
Beyond reasonable doubt
Defence must prove…
Balance of probabilities
What is my state of mind if I believe it exists or will exist?
Intention
What is my state of mind if I can extend to results that may or may not pass?
Recklessness
What is my state of mind if I fail to exercise appropriate or ethical care?
Negligence