Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
23 Cards in this Set
- Front
- Back
|
What is the general idea of evidence? |
All material and information that police gather when investigating a suspected crime |
|
|
what is the technical idea of evidence? |
All material and information doesn't become evidence in a trial Until it is introduced into a courtroom through a witness |
|
|
How do you get evidence into a courtroom? |
Must be relevant to the issue in trial |
|
|
When does evidence not need a witness? |
Evidence is accepted as a fact by both parties without the need for proof |
|
|
What is a testimonial or Viva voce evidence? |
An oral testimony given by a witness
Witnesses may testify only to their recollection of events |
|
|
What is the hearsay purpose? |
Witnesses may recall what others told them
But not to prove what they heard is true |
|
|
What is real evidence? |
Evidence that is physical, material, or a tangible object |
|
|
What are out of court statements? |
Witnesses statement to police about what they observed
Inadmissible to court |
|
|
What is rule against oath helping? |
Witnesses may not testify that they told someone else what they are recalling in court |
|
|
What is opinion / expert evidence? |
Qualified experts may give their opinions about the significance of real evidence |
|
|
What is direct evidence? |
Does not require any inference to be proof of an allegation |
|
|
What is circumstantial evidence? |
Requires an inference or more to be proof of an allegation |
|
|
What is demonstrative evidence? |
Functions precisely as direct evidence |
|
|
What is illustrative evidence? |
Consists of photographs of a crime scene |
|
|
What is section 24 (1) of the charter? |
Anyone whose rights or freedoms, as guaranteed by the Charter,
Have been infringed or denied may apply to a court of competent jurisdiction to obtain such remedy as the court considers appropriate and just in the circumstance |
|
|
What is a remedy for section 24 1 of the charter? |
Judicial stay of proceedings, case thrown out of court For Extraordinary Charter violations |
|
|
What is section 24 2 of the charter? Part 1 |
A court concludes that evidence was obtained in a manner that infringed or denied any rights or freedoms guaranteed by this charter,
The evidence shall be excluded if it is established that, having regards to all the circumstances, |
|
|
What is section 24 2 of the charter? Part 2 statutory test |
the admission of it in the proceedings would bring the administration of justice into disrespute |
|
|
What are two restrictions under section 24 2? |
Evidence was obtained in a manner that violates the charter rights
The manner of the search was unconstitutional |
|
|
What is the Grant test? |
A common law test on how to apply the black letter test
For charter 24 2 infringements |
|
|
What is part 1 of a grant test? |
The seriousness of the charter-infringing state conduct E.g. was it intentional or unintentional |
|
|
What is part 2 of a grants test? |
What was impact of the police officers unconstitution behavior on the "charter protected interests" of the accused person |
|
|
What is part 3 of the grant test? |
How important is it to have the particular case decided on its merits |
