Evidence in Trials

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Questions and Answers

What is the primary goal of a trial in an adversarial system?

To establish the ultimate truth of past events

To determine the most acceptable probability of what occurred (correct)

To punish the accused

To prove the innocence of the defendant

What is the role of the parties in an adversarial trial?

To decide what evidence to present and what to prevent from being presented (correct)

To present evidence in a neutral and impartial manner

To persuade the judge to make a decision

To work together to find the truth

What is the purpose of evidence in a trial?

To establish the ultimate truth of past events

To persuade the jury to make a decision

To change a fact-finder's belief with respect to a factual proposition (correct)

To prove the innocence of the defendant

What is the difference between an open question and a leading question?

An open question does not suggest an answer, while a leading question pushes someone to give a specific answer Signup and view all the answers

What is the role of the judge in relation to evidence and questions?

To decide what is an acceptable leading question and what is not Signup and view all the answers

What is the primary consideration when deciding whether to introduce evidence at a trial?

Whether the evidence can be considered at the trial Signup and view all the answers

What are the three specific issues revolving around the general questions of excluding evidence from trial?

Relevance, admissibility, and weight Signup and view all the answers

What is direct evidence?

Evidence that determines a fact in issue without further inference Signup and view all the answers

What is a collateral fact?

A fact which proof may be permitted but which does not constitute a fact in issue Signup and view all the answers

What is the role of the trier of law in a trial?

To decide the law applicable to the case Signup and view all the answers

Why is there a general ban on hearsay evidence in jury trials?

Due to lack of trust in the jury's ability to discern hearsay evidence Signup and view all the answers

What is the purpose of the 'voir dire' process?

To hear evidence about the admissibility of evidence Signup and view all the answers

What is the legal burden of proof?

The burden of proving facts to the trier of fact Signup and view all the answers

What is the evidential burden of proof?

The burden of raising an issue for the trier of fact to answer Signup and view all the answers

What is the significance of the Woolmington v DPP case?

It established the presumption of innocence Signup and view all the answers

What is the purpose of exclusionary rules in evidence law?

To exclude certain kinds of evidence and in certain contexts Signup and view all the answers

What is the common law exception where the burden of proof is placed on the defendant?

Insanity Signup and view all the answers

Why is the burden of proof placed on the defendant in insanity cases?

Because the defendant is best placed to know about their state of insanity Signup and view all the answers

What is the issue with placing the burden of proof on the defendant in certain cases?

It infringes on the presumption of innocence Signup and view all the answers

What is the approach taken by the House of Lords in cases challenging specific statutory reverse burdens?

To consider whether the reversal is an infringement of the presumption of innocence and whether it's objectively justified Signup and view all the answers

What was the outcome of the case R v Lambert?

The House of Lords read down the statute to impose an evidential burden only Signup and view all the answers

What was the issue in the case of R v Johnstone?

The defendant was charged under the Trademarks Act Signup and view all the answers

What was the outcome of the case Sheldrake v DPP?

The House of Lords interpreted the statute to impose an evidential burden only Signup and view all the answers

What is the general principle in criminal law that is relevant to these cases?

The presumption of innocence Signup and view all the answers

What is the relevance of Article 6(2) ECHR to these cases?

It enshrines the presumption of innocence Signup and view all the answers

What is the effect of reversing the burden of proof in certain cases?

It infringes on the presumption of innocence Signup and view all the answers

What is the general rule regarding the burden of proof in relation to implied statutory exceptions?

The burden of proof falls on the defendant Signup and view all the answers

In R v Hunt, what was the issue that the court had to decide?

Who had the legal burden of proof regarding the percentage of morphine Signup and view all the answers

What is the standard of proof required in criminal cases?

Beyond a reasonable doubt Signup and view all the answers

What is the purpose of examination in chief?

To adduce evidence from one's own witness Signup and view all the answers

What is the key rule regarding examination in chief?

NO leading questions Signup and view all the answers

What is the difference between a hostile witness and an unfavourable witness?

A hostile witness is one who does not want to tell the truth, while an unfavourable witness is one who is not helpful to your case Signup and view all the answers

What is the role of the judge in the adversarial system?

To act as a neutral referee and ensure a fair trial Signup and view all the answers

What is the purpose of cross-examination?

To challenge the opposing party's witness and test their credibility Signup and view all the answers

What is the exception to the rule of no leading questions in examination in chief?

When dealing with introductory or uncontentious matter Signup and view all the answers

What is the burden of proof in cases where the burden is reversed?

Balance of probabilities Signup and view all the answers

What is the purpose of cross-examination in a trial?

To elicit evidence or discredit a witness Signup and view all the answers

What is a key difference between examination in chief and cross-examination?

The ability to ask leading questions Signup and view all the answers

What is the rule in Browne v Dunn?

A party must be cross-examined on conflicting evidence Signup and view all the answers

What is the 'collateral-finality rule'?

A witness's statements on collateral matters are final Signup and view all the answers

Why is cross-examination considered a core method of attaining truth in a trial?

Because it is seen as a way to elicit evidence and discredit a witness Signup and view all the answers

What is the purpose of limiting the scope of cross-examination?

To prevent lengthy and irrelevant examination Signup and view all the answers

A trial is an objective inquiry into past events.

False Signup and view all the answers

Evidence can only be in the form of oral testimony.

False Signup and view all the answers

The primary goal of a trial is to establish the ultimate truth of past events.

False Signup and view all the answers

The judge decides what evidence is acceptable and what is not.

True Signup and view all the answers

Leading questions are allowed in examination in chief.

False Signup and view all the answers

The prosecution and defense work together to present evidence in a trial.

False Signup and view all the answers

In cross-examination, witnesses can only be asked open questions.

False Signup and view all the answers

The 'collateral-finality rule' states that a witness's statements on collateral matters can be rebutted with evidence.

False Signup and view all the answers

The primary goal of a trial is to establish the ultimate truth of past events.

False Signup and view all the answers

In cross-examination, the scope of questioning is unlimited.

False Signup and view all the answers

A hostile witness is always a witness who is lying.

False Signup and view all the answers

Cross-examination is a core method of attaining truth in a trial.

True Signup and view all the answers

The legal burden of proof is generally on the prosecution in criminal cases.

True Signup and view all the answers

The standard of proof in criminal cases is balance of probabilities.

False Signup and view all the answers

In R v Hunt, the court ruled that the burden of proof was on the defendant.

False Signup and view all the answers

The evidential burden always rests with the prosecution.

False Signup and view all the answers

The judge can examine witnesses in a trial.

False Signup and view all the answers

Leading questions are allowed in cross-examination.

True Signup and view all the answers

The standard of proof is the same for both civil and criminal cases.

False Signup and view all the answers

A hostile witness is one who is not helpful for your case.

False Signup and view all the answers

At common law, the defence of insanity places the burden on the prosecution to prove that the defendant is sane.

False Signup and view all the answers

There is no distinction between examination in chief and cross-examination.

False Signup and view all the answers

The prosecution retains the legal burden to prove the defendant's guilt in all cases.

False Signup and view all the answers

The Human Rights Act 1998 allows for statutory exceptions to the presumption of innocence.

False Signup and view all the answers

The case of R v Lambert involved a drug offence where the defendant had to prove they did not know they were in possession of a controlled substance.

True Signup and view all the answers

The approach in R v Lambert was adopted in subsequent Court of Appeal decisions, including R v Johnstone.

True Signup and view all the answers

In Sheldrake v DPP, the defendant was convicted of being in charge of a motor vehicle while under the influence of alcohol.

True Signup and view all the answers

Lord Bingham regarded the burden on the defendant as beyond reasonable limits in Sheldrake v DPP.

False Signup and view all the answers

The burden of proof in insanity cases is placed on the prosecution.

False Signup and view all the answers

The presumption of sanity exists in criminal law, meaning that defendants are presumed sane unless proven otherwise.

True Signup and view all the answers

The House of Lords' approach in R v Lambert involves three steps: establishing infringement, justification, and reading down legislation.

True Signup and view all the answers

Article 6(2) ECHR is relevant to cases involving the reversal of the burden of proof.

True Signup and view all the answers

The case of R v Johnstone involved a trademark infringement.

True Signup and view all the answers

Circumstantial evidence can directly prove a fact in issue.

False Signup and view all the answers

Testimonial evidence is always oral evidence.

True Signup and view all the answers

A fact in issue is a fact that the defense must prove in criminal proceedings.

False Signup and view all the answers

Real evidence can be inspected.

True Signup and view all the answers

The credibility of a witness is a fact in issue.

False Signup and view all the answers

The judge decides the law and the facts in a trial.

False Signup and view all the answers

The burden of proof is always on the prosecution in criminal cases.

True Signup and view all the answers

The prosecution has the evidential burden of proving their case from the start of the trial.

True Signup and view all the answers

The defense has the legal burden of proving their case in criminal cases.

False Signup and view all the answers

The presumption of innocence is a fundamental principle of English criminal law.

True Signup and view all the answers

Study Notes

Evidence and Burden of Proof

Evidence is any material that has the potential to change a fact-finder's belief with respect to any factual proposition that is in dispute and to be decided.
Evidence can be in many forms, including oral, written, and documentary.
Types of evidence:
- Direct evidence: determines a fact in issue without further inference.
- Circumstantial evidence: requires inferences to be made.
- Testimonial evidence: oral evidence, such as witness statements in court.
- Real evidence: actual things to be examined, such as physical objects, documents, and the demeanour of the witness.

Adversarial System

Trials in this country are not objective inquiries into past events, but rather adversarial contests between prosecution and defence.
It is the party's decision to decide what evidence they wish to present or wish to prevent from being presented.
The goal is to present evidence in the most persuasive way to win the sympathy of the court for their side and position.

Questioning Witnesses

Two kinds of examination:
- Examination in chief: examining your own witness to adduce evidence.
- Cross-examination: questioning the other party's witness or hostile witness to elicit evidence or discredit their evidence.
Rules for questioning:
- No leading questions in examination in chief.
- Leading questions are allowed in cross-examination.
- Exceptions to leading questions include introductory or uncontentious matters, complex subject matter, and hostile witnesses.

Hostile Witnesses

A hostile witness is one that does not want to tell the truth.
Determining hostility is a question of law, based on factors such as demeanour, inconsistency in statements, and providing legitimate explanations.
A hostile witness can be cross-examined.

Cross-Examination

Aim is to elicit evidence or discredit evidence from the witness.
Limits on scope of cross-examination:
- Lengthy and irrelevant examination are restricted.
- Questions on creditworthiness must relate to facts in issue.
- Rule in Browne v Dunn: a party must cross-examine on conflicting evidence.
- Collateral-finality rule: witness statements on collateral matters are final.

Burden of Proof

Legal burden: discharged by proving facts to the trier of fact (i.e. the jury).
Evidential burden: discharged by raising an issue for the trier of fact to answer.
General rule: the party with the legal burden has the evidential burden, but with some exceptions.
Woolmington v DPP: 'it is the duty of the prosecution to prove the prisoner's guilt'.

Standard of Proof

Criminal standard of proof: beyond a reasonable doubt.
Key phrases:
- 'if the evidence is so strong...as to leave only a remote possibility in D's favour which can be dismissed with the sentence "of course it is possible, but not in the least probable", the case is proved beyond a reasonable doubt'.
- 'completely satisfied, sure'.
- 'sure as if making important life choices'.

Procedure

Judge's role: deciding on the admissibility of evidence, directing the jury, and making decisions on the fairness of the trial.
Jury's role: deciding on the facts of the case.
'Voire dire': a trial within a trial, where the judge hears evidence about whether evidence should be admitted.

Exclusionary Rules

Law of evidence focuses on admissibility, not how factual decisions are made.
Rules and doctrines operate to exclude certain kinds of evidence in certain contexts.
Judge's discretion: excluding evidence on the basis of probative value and prejudicial value, or in the interests of fairness.### Cross-Examination
Refusing to answer questions or saying "I don't remember" is a reason to suspect a hostile witness
Inconsistencies in statements, whether direct contradictions or not, can also indicate a hostile witness
The court decides whether a witness is hostile based on these reasons
A hostile witness can be cross-examined to elicit evidence or discredit their testimony

Key Differences in Cross-Examination

Can ask leading questions
Can ask questions to discredit the witness's credibility

Limits of Cross-Examination

Lengthy and irrelevant examination are restricted
Questions about creditworthiness must relate to facts in issue, not remote issues
Rule in Browne v Dunn: a party must cross-examine a witness on conflicting evidence if they wish to reject their testimony
Collateral-finality rule: witness statements on collateral matters are final, but statements on facts in issue can be rebutted with evidence

Implied Statutory Exceptions

Implied exceptions can be found where the defendant relies on exceptions, exemptions, provisos, or qualifications
Legal burden of proof falls on the defendant in such cases
Example: R v Hunt, where the defendant relied on the Misuse of Drugs Regulations to defend against a drug offense charge

Evidential Burden

Generally rests with whoever has the legal burden (usually the prosecution)
Exceptions include general defenses like public/private defense, duress, and automatism, where the defendant has the evidential burden to raise sufficient evidence

Standard of Proof

Burden refers to who needs to prove, while standard refers to how they need to prove
Criminal standard of proof is beyond a reasonable doubt
Examples of satisfied standards: completely satisfied, sure, as if making important life choices

Witness Examination

Adversarial system: judge does not examine witnesses
Two types of examination: examination in chief (and re-examination) and cross-examination
Rules for examination in chief: no leading questions, except in certain circumstances (introductory/uncontentious matters, complex subject matter, witness identification)
Hostile witnesses: different from unfavorable witnesses; determined by factors like demeanor and refusal to answer questions; can be cross-examined

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Description

This quiz covers the concept of evidence in trials, including the different forms of evidence and its role in proving factual propositions. Learn about the importance of evidence in the legal system and how it is used to prove the identity of the accused, the nature of the act, and the existence and knowledge of the intention.