Evidence

Evidence

Direct Evidence

Information (evidence) given by a person who witnessed the event in question (i.e. testimony by a bystander who saw an assault take place) eyewitness.

Eye Witnesses Advantages

A witness to the crime

At the crime scene

Can find the accused

Connections between Physical evidence and eye witness

Connect with the Jury

Disadvantages

People may think that they saw something they didn’t

Can be tainted by police misconduct

Can be bullied

Can be bribed

Human error

What do you see?

Well, what did you see?

What did the man in foreground have in his right hand?

How many men were standing under the wing of the airplane?

What were the “Call Numbers” on the side of the airplane?

How many men were in the picture? How many women were in the picture?

How many people were wearing hats?

Well, what did you see?

Circumstantial Evidence

Information (evidence) that relates only indirectly to the alleged offence.

Example: Evidence indicated that it was highly probable that Steven Truscott raped and murdered a 12 year old girl.

Self-Incrimination

The act of implicating oneself in a crime: behaviour indicating one’s guilt

Example: Admitting to have consumed alcohol before driving.

However, the Charter protects you from self-incrimination.

Privileged Communication

Confidential communications

Examples: Conversations between spouses, clergy, patients and doctors.

CANNOT be presented in Court as evidence.

Similar Fact Evidence

Information (evidence) that shows that the accused has previously committed a similar offence

Hearsay Evidence Information not coming from the

direct, personal experience or knowledge of the witness.

Example: “Dave told me that Paul was in a gang.”

In most cases it is not admissible in court, but there are some exceptions.

Opinion Evidence

Evidence based on the thoughts of the witness.

Usually an expert such as a coroner commenting on the cause of death.

Character Evidence

Evidence of the person’s character traits can be prejudicial and is therefore restricted in its use

Photographs

Identify accurate portrait of the crime scene.

Interception Devices and Video

Evidence if Criminal Code procedures have been correctly followed.

Private conversations can only be intercepted if Court ordered.

Confession

Accused person’s acknowledgment that the charge, or some essential part of it, is true.

Polygraph

Considered to be Hearsay and is inadmissible as evidence.

Illegally Obtained Evidence

Evidence, which was not legally obtained.

Example: Property seized from a residence where not search warrant was issued.

Forensics

The application of bio-chemical and other scientific techniques to criminal investigations.

Example: Human tissue, fibre analysis, DNA.

The Presentation of Evidence

Witnesses

Witnesses are asked to give testimony about what they saw, what they heard, or what they know about a crime.

They often show up to court voluntarily, but are sometimes summoned by the court to present themselves at trial.

Witnesses

If they do not appear when summoned, they can be held in contempt of court.

Witnesses take an oath to tell the truth, or give an affirmation to do so.

If they lie while giving testimony, they commit perjury – a criminal offence.

The Process The process for the presentation of evidence is

used by both the Crown and the Defence:

The first examination is by the Crown.

Usually witnesses are asked to state in their own words what they know about the facts related to the crime.

Each witness tells his/her story from their point of view.

Cross-Examination

The Defence may cross-examine a witness to show any inconsistencies.

Then the Crown may re-examine a witness to clarify any issues raised by the Defence.

Rebuttal

The Crown may rebut the evidence that is presented by the Defence by presenting evidence that contradicts what was admitted into evidence by the Defence.

Surrebuttal

The Defence has an opportunity to restate its case and contradict what the Crown has just raised.