Evidence Flashcards
3 Elements of Note Taking
Tour of Duty
Investigative
Procedure
Basic Rules for Note taking (5 points)
(1) Contemporaneous
(2) Consistent
(3) Detailed
(4) Accurate
(5) Thorough
What to remember when testifying/using notebook
(1) Prepare - independent recollection
(2) Permission from courts
(3) qualify notes
(4) use for details
R. v. Stinchcombe
Disclosure
Definition of compellable witness
Forced to attend and remain and give evidence
Includes accused, co accused, not spouse
Definition of Testimony
Words verbatim - witness perceives with their own senses
What is the responsibility of the defence?
(1) Ensure rights of accused not violated
(2) cross examination witness
(3) can ask leading questions
Responsibility of Crown
(1) Prove facts in issue
(2) first to call witness
(3) decides ind. or summary
(4) no leading questions
Responsibility of Judge
(1) Admissibility of evidence
(2) fair trial
(3) order in court
(4) rules in guilt or innocence
(5) Tryer of fact
What is priviledged information?
(1) facts witness not required to disclose
(2) surveillance
(3) personal data
(4) informant information
(5) communication between crown and police
What is a competent witness?
(1) Judge decides
(2) age, mental capacity, impairment
(3) spouse of accused comp witness of defence
What is real evidence?
(1) Tangible - exhibits
(2) articles or thing relevant to fact in issue
(3) document used in commission of offence
What is documentary evidence?
(1) Paper
What is presumption of fact?
a logical conclusion which may be drawn from circumstantial evidence, base in reason/common sense
What is presumption in law?
Rebuttable (innocent until proven guilty) or irrebuttable (under 12 not criminally responsible)
