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Evidence

Evidence. Evidence. Section 11(d) of the Charter of Rights and Freedoms guarantees that any accused person is “presumed innocent until proven guilty” The responsibility to prove guilt is on the Crown and to do so they must present evidence such as witness testimonies and exhibits.

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Evidence

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  1. Evidence

  2. Evidence • Section 11(d) of the Charter of Rights and Freedoms guarantees that any accused person is “presumed innocent until proven guilty” • The responsibility to prove guilt is on the Crown and to do so they must present evidence such as witness testimonies and exhibits. • Witness testimonies are given by the Crown witnesses and are subject to cross examination by the Defense attorney • Exhibits may be physical evidence, such as a weapon found at the scene of the crime

  3. Direct and Circumstantial Evidence • Direct Evidence is usually obtained from the testimony of witnesses who actually saw the offence being committed • The most common but not always the most reliable (as we will see in our demonstration) • Eyewitness accounts may be contradictory or inaccurate • Memories can change over time

  4. Direct and Circumstantial Evidence • Circumstantial evidence is indirect evidence. It can show that the accused is most likely the one who could have committed the criminal offence. • Evidence must be proven as it is presented – that the evidence being submitted is actually the one from the crime scene (witness testify to accuracy) • Some evidence is easily proven (fingerprints on a gun belong to the accused) but may not always be directly connected to the crime (perhaps the picked up the gun earlier in an unrelated event)

  5. Evidence • Once evidence has been presented and proven the jury must decide which evidence or testimony they find most convincing

  6. Witnesses • Although witnesses usually appear voluntarily, they may be served a subpoena (a court document that orders them to appear) • Any witness who fails to attend a trial to give evidence may be found guilty of contempt of court and fined or imprisoned for 90 days • As each witness takes the stand, he or she must take an oath (swear to tell the truth) on a holy book or make an affirmation (a solemn and formal declaration) to tell the truth

  7. Witnesses • A witness who knowingly gives false evidence with the intent to mislead the court commits the criminal offence of perjury and could spend up to 14 years in prison • The most important aspect of witness testimony is credibility (being believable or reliable)

  8. Rules of Evidence • If the admissibility of evidence is questionable during a trial, the judge will order a voir dire. • A trial within a trial to decide if evidence can be shown to the jury • During the voir dire the jury leaves the courtroom, and the Crown and defence present their positions to the judge • Why would the jury be asked to leave?

  9. Self Incrimination • Section 13 of the Charter of Rights and Freedoms protects witnesses from self incrimination, which is behaviour or evidence that indicates one’s guilt • Therefore a witness can object (refuse to answer) questions on the grounds of self incrimination • This encourages witnesses to answer all questions honestly

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