Rules of Evidence Flashcards
What are the catagories of admisible evidence?
Direct
Indirect
Primary
Secondary
Opinion
What is direct evidence?
Original evidence of the event that was seen, heard, smelt, or felt. An eye-winners count is a good example.
What is indirect evidence?
Circumstantial evidence from which facts can be inferred. For example, fingerprints at the crime scene that would prove the accused had been there.
What is primary evidence?
Refers to the original objects and documents relevant to the case, such as the murder weapon.
What is secondary evidence?
Suggests the existence of primary evidence but is presented because the primary evidence does not exist. For example photocopies of forged documents.
What is opinion evidence?
Evidence that can be adduced or deduced from what has been seen or heard. This evidence is usually given by experts in their field, such as forensic scientists.
What are the catagories of inadmissible evidence?
Hearsay
Illegally obtained
Opinion
Past criminal records
What is Hearsay evidence?
Evidence relayed from one person to another
What is Illegally obtained evidence?
Confession under duress
What is opinion evidence that is inadmissable?
Tendered by someone who is not an expert
What is past criminal record evidence?
Prior convictions
