Use of Evidence, including Witnesses Flashcards
LCMID legislation for evidence
Evidence act 1995 (NSW) outlines the way evidence must be obtained in order to be used in court
how can evidence be admissible in court
it must be relevant to the case and legally obtained by the investigating police.
- Evidence that the police have obtained illegally is generally inadmissible unless the judges makes a special exception
- evidence that is obtained later and that relies on an illegal act may also be inadmissible
- indirect evidence or hearsay (you are told about the event but do not personally see or witness it) is inadmissible
what kind of evidence is used in court
real evidence: physical evidence, which can be presented to the jurors in a trial (e.g. tape recordings, charts to help explain evidence, photographs, DNA test results)
documentary evidence: original documents gathered during the investigation
witness testimony: witnesses can be called to give evidence in court by either the prosecution or the defence and may be examined by either in court. They might be someone who saw some aspect of the crime take place, or somebody who has relevant knowledge about an aspect of the case that support the prosecution’s/ defendant’s argument
expert witness: someone who has studied some element of the evidence as an independent expert during the investigation (e.g. someone who examined DNA, blood splatter or handwriting, or someone who assessed the defendant as a psychiatrist) Their job is to give testimony based on their expert or specialised knowledge and give an opinion or interpretation of the evidence
what is a subpoena
a formal court document ordering a person to attend court at a certain time and place - anyone who witnessed a crime or was interviewed by police may be subpoenaed to appear later in court
how does a witness give evidence
- will be asked to take an oath, to tell the truth and will be asked a series of questions, usually by both pro and def
- must answer questions truthfully, or may be guilty of perjury
