What are the 4 different types of evidence?
- Direct evidence - a fact based on a witnesses personal knowledge (testimony)
- Real evidence- physical evidence (fire arm, finger print, pen)
- Circumstantial evidence- does not establish guilt but can point towards it.
(A witness hearing screams and sees someone running out of the house with a knife) - Hearsay evidence- those who relate not what they know themselves but what they have heard from others
3 exceptions for Hearsay rule
Dying declarations
Spontaneous utterance
Prior inconsistent statements
4 reasons for hearsay rule
- OG author of statement was not under oath at the time
- Accused must be given opportunity to face accuser
- No opportunity for accused or crown to cross examine
- The court has no opportunity to observe the demeanour
What are the 4 steps in scene management of evidence ?
- Approach- safety, alert for evidence
- Secure and protect- take control of the scene, designate roles, gathering information from personnel
3.Preliminary Survey - walk through scene , narrative technique,photographs, protect physical evidence , take extensive notes
- Physical evidence- ensure collection, packaging and equipment efficient , evaluate whether scene appears contrived.
How to handle evidence (2)
What comes first- officer safety , scene management , photos, prints, record
Wear latex gloves- help reduce contamination, do not try to recreate the scene,
What are the Burdens of proof in summary offences and criminal offences
Summary- balance of probabilities 51 percent
Criminal- beyond a reasonable doubt
Admissions and Confessions
CC
Comptetence- the witnesses capacity to give truthful and reliable evidence. Age, mental status, injury (medications)
Compellability- a witness being forced to give relevant evidence (subpoena)
Husband and wife rule
Define Voir Dire
Used to determine the admissibility of evidence
The trial judge will look at the evidence in the voir dire and determine if there has been charter violations and whether the evidence is admissible
2 points of Admissibility of an accused statement
- A witness or civilian can relate anything the accused says to them as part of their trial testimony
- A peace officer is “a person in authority “
Define chain of continuity
Systematic management of physical evidence to ensure the safety and integrity of each individual
Should a peice of evidence become altered or contaminated in anyway continuity should provide an adequate explanation of when and how this occurred and who was in possession of the item at the time
What are 2 things you need to remember when collecting and recording evidence
- Continuity of evidence report
- Bagging and tagging
