Crim Procedure 3

Front 1

Responsibility for proving evidence is admissible

Back 1

The burden of proving that evidence is admissible is on the party- prosecution or defense- who tenders that evidence

Front 2

Why, during a voir dire the trial stops and the jury is not present

Back 2

During a voir dire the judge decides on questions of admissibility. The jury is absent because they are to hear only admissible evidence and reach a verdict on the basis of that evidence alone

Front 3

Relevence

Back 3

The tendency of a piece of evidence to prove or disprove a proposition

Front 4

Differentiate between probative value and propensity evidence

Back 4

Probative value describes evidence that logically proves a fact or issue

Propensity evidence demonstrates that the accused is the type of person who tends to act in a particular manner

Front 5

4 factors when assessing prejudicial effect

Back 5

-undue emotion In the trier of fact
-distraction from the main issue
-the evidence would be too time consuming
-unfair surprise to the opposing side

Front 6

Why evidence whose prejudicial effect outweighs it's probative value is excluded

Back 6

The reason for excluding evidence where it's prejudicial effect outweighs it's probative value is based on the accused right to a fair trial

The purpose is to ensure that the accused is not deprived of thier right to full answer and defense, which may result if the prejudicial evidence was admitted at a trial

Front 7

The importance of continuity

Back 7

Continuity is the ability to account for the whereabouts of the evidence and the identity of those people who have had access to it.

Establishing continuity is important because it is the only way to prove that the evidence in court is the same evidence found during the investigation