Evidence Flashcards
(16 cards)
Where the legal burden is on the prosecution
What is the standard of proof?
Beyond reasonable doubt
Where the legal burden is on the defense
What is the standard of proof?
The balance of probabilities
What are the two offenses where corroboration evidence is required to support a conviction?
Perjury and treason
What is visual identification evidence?
An assertion by a person
Based on what they have seen
That a defendant was out or near place
Constituting, direct or circumstantial evidence of the commission of an offense
There are a number of different types of visual identification evidence
What are they?
Recognition evidence
Where a witness, identifies someone as being near the scene of an offense through prior acquaintance with that person
Observation evidence
About the actions of a person and their participation in the offense
Resemblance evidence
Describes the physical characteristics of someone involved in an offense
What is a formal identification procedure?
Either a lineup or a photoboard
As soon as practical
Compared with no fewer than 7
Similar in appearance
No indication, whether or not the suspect is in the lineup
Sworn
What are some reasons for not following a formal ID?
Refusal of the suspect
Singular appearance
Substantial change in appearance
No officer could reasonably anticipate ID would be an issue
Why is recognition evidence important?
Recognition of the suspect by the eyewitness may make a formal procedure unnecessary
Other than naming a defendant
What are the other two ways of witness can identify a defendant visually
Identification made shortly after the offence (eg a witness, pointing in offender route to Police arriving at the scene)
Chance meetings
We’re a witness identifies the offender after a chance meeting
What is the standard of proof for voice identification evidence?
The balance of probabilities
This is a strange one because voice evidence is less reliable, but has a lower standard of proof
If a statement is deemed unreliable by a judge
What happens to the admissibility of that statement?
It is deemed inadmissible
What contributing factors would be taken into account to deem a statement unreliable?
Mental or psychological condition of the deference attendant, when the statement was made
Disabilities intellectual, or otherwise of the defendant
The nature of the questions put to the defendant and the way that they were put
The nature of any threat promise me to the defendant by police
If a statement is deemed to be oppressive, what does oppression mean?
Violent in human or degrading conduct towards another person
Or threat thereof
What is improperly obtained evidence?
Evidence that has not been obtained properly by the way of an enactment
Such as warrantless search power
A judge might not deem improperly obtained evidence and admissible.
What would they consider in making that decision?
This is called the BALANCING TEST
The importance of the right breached
The nature of the impropriety, whether it was deliberate or by mistake
Seriousness of the offense
Why the impropriety was done for example was the danger to Police or was the urgency around obtaining the evidence?
Were there any other investigative techniques not involving a breach of rights known to be available but not used
