Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Porirua > Rules Of Evidence > Flashcards

Rules Of Evidence Flashcards

1
Q

Evidence is presented in what two forms?

A
  1. Oral testimony

2. Written documentation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What does the law of evidence dictate, also known as “the rules”?

A

What evidence is admissible or inadmissible

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What is the definition of admissible?

A

Permitted to be put before the court.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What is the definition of inadmissible?

A

Not permitted to be put before the court.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Why are hearsay statements generally in admissible?

A

They are believed to be unreliable.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Circumstances of admissibility of a hearsay statement (x2)

A
  • person is unavailable

* it would cause undue expense or delay in obtaining the witness

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Reliability of a hearsay statement Acronym

A 
CHANT
Contents of the statement
How the statement was made
Accuracy of the observation
Nature of the statement
Truthfulness of the maker of the statement
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Explanation of the acronym CHANT; C? 

A
  • Level of detail contained

* Is it consistent?

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Explanation of the acronym CHANT; H?

A
  • State of mental awareness
  • was the statement spontaneous
  • were they aware the statement maybe used
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Explanation of the acronym CHANT; A?

A
  • external factors – noisy bars, concerts?

* Physical environment – night/day, rain?

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Explanation of the acronym CHANT; N?

A
  • first hand or secondhand?

* form the statement was in? E.g oral, notebook, recorded

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Explanation of the acronym CHANT; T?

A
  • was there a motive to lie?
  • has the person previously lied to the police?
  • Has the person previously been convicted of dishonesty offence?
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Explanation of the acronym DUNCO; D?

A

Dead

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What is the acronym - Unavailable as a witness

A

DUNCO

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Explanation of the acronym DUNCO; U?

A

Unfit due to physical/mental condition or age

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Explanation of the acronym DUNCO; N?

A

Not compellable e.g. judge, juror, the sovereign, governor general, a bank officer, a defendant against himself

17
Q

Explanation of the acronym DUNCO; C?

A

Cannot with reasonable diligence be identified or found

18
Q

Explanation of the acronym DUNCO; O?

A

Outside of New Zealand and it’s not reasonably practical to be a witness

19
Q

What is opinion evidence?

A

Opinion evidence is an interference from observed facts

20
Q

Why is opinion evidence generally inadmissible

A

A person’s opinion is not evidence

21
Q

When is opinion evidence admissible (X2)

A
  • expert opinion

* Non-expert opinion

22
Q

Definition of expert opinion

A

If skilled or expert in a particular field and can give credentials to the court e.g pathologist can you give an opinion on a cause of death

23
Q

Definition of non-expert opinion (X4)

A
  • identification – what they perceived in the past
  • handwriting – if they can prove to the court that they have received handwritten documents from such person you can give evidence and identify the handwriting
  • age – you can give an opinion on someone’s age
  • Mental/physical condition – you can give an opinion on your own condition, but not one on others
24
Q

Definition of propensity evidence

A

Evidence that tends to show a persons tendency to act in a particular way or do you have a particular state of mind

25
Q

Is propensity evidence generally inadmissible or admissible

A

Generally in admissible

26
Q

Why is propensity evidence generally in admissible

A

Today is the only reason for presenting it is to show a disposition towards wrongdoing by the defendant. A persons propensity or tendencies to commit crimes is good for intelligent purposes but has limited value for evidential purposes

27
Q

What is the meaning of the word propensity

A

A natural desire or need that makes you tend to behave in a particular way. Tendency

28
Q

Section 27 provides what exception

A

It provides the statement made by the defendant to the police to be admissible even if they are hear say. If the police provide this statement in court. 

29
Q

Under Section 27 – why could they evidence possibly be excluded?

A

The units could be excluded if it was obtained as a result of oppressive behaviour by the interviewer. For example if the interview encouraged the defendant to answer in a certain way.

30
Q

Under the evidence act 2006, When must the OC advise the defence counsel of the prosecutions intention to call evidence of hearsay?

A

As soon as practicable

Porirua (16 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions