CRI 5 - Trial
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Questions and Answers

What is the impact of explaining inconsistencies on legal statements?

  • Increases the likelihood of plea deals
  • Reduces the weight of the statement
  • Enhances credibility and reliability (correct)
  • Automatically invalidates the evidence

Which of the following is NOT a reason the court considers when evaluating evidence after a witness's credit has been impeached?

  • The witness's prior knowledge (correct)
  • The overall credibility of evidence
  • The motives to distort information
  • Contemporaneousness with the facts

What does Section 147(3) EA allow regarding a witness's prior inconsistent statement?

  • It can be disregarded if it lacks contemporaneousness
  • It can only be used in cases of bribery
  • It must be corroborated by other witnesses
  • It can be admitted as evidence of any fact stated (correct)

What should be done when a witness's memory may genuinely fail?

<p>Consider refreshing their memory (C)</p> Signup and view all the answers

Which of the following is a class of discrepancy identified in the case 'Kwang Boon Keong Peter v Public Prosecutor'?

<p>Serious (D)</p> Signup and view all the answers

How can a witness's credibility be impeached according to the provided information?

<p>By demonstrating bribery or corruption (C)</p> Signup and view all the answers

What holds the final right of reply as per S.230(1)(v) CPC?

<p>The Prosecution (B)</p> Signup and view all the answers

What is the implication of an inadequate and tenuous defense regarding the Prosecution's burden of proof?

<p>It does not meet the Prosecution's burden of proof (B)</p> Signup and view all the answers

In the context of prior inconsistent statements, which scenario is NOT applicable?

<p>Witness recalling events accurately (B)</p> Signup and view all the answers

What is a characteristic that can suggest a witness has an immoral character in cases of prosecution for rape?

<p>General reputation and conduct (A)</p> Signup and view all the answers

Who bears the burden of proof in a criminal trial?

<p>The Prosecution (A)</p> Signup and view all the answers

What must occur if a witness's testimony is deemed crucial for a fair decision?

<p>The court must summon or recall the witness. (D)</p> Signup and view all the answers

Which of the following statements is true regarding the close of the Prosecution's case?

<p>The judge makes a decision based on the totality of evidence. (C)</p> Signup and view all the answers

When can the Prosecution re-call witnesses during a trial?

<p>After the Defense presents its case. (C)</p> Signup and view all the answers

What does the court exercise discretion to do when evidence suggests another offense?

<p>Amend the charge. (B)</p> Signup and view all the answers

Which section outlines the procedural guidelines for amending charges in a criminal case?

<p>S.128 and S.131 (D)</p> Signup and view all the answers

What should the Defense avoid when making a submission of no case?

<p>Making procedural arguments. (C)</p> Signup and view all the answers

What is required if a prima facie case exists in a criminal trial?

<p>The accused must provide a defense. (D)</p> Signup and view all the answers

What is the term for the evidence that allows the judge to establish essential elements of an offense?

<p>Credible evidence (B)</p> Signup and view all the answers

Which act allows for re-examination by the prosecutor to clarify points from cross-examination?

<p>S.140(3) Evidence Act (D)</p> Signup and view all the answers

What must the Accused do when the charges are read according to s230(1) CPC?

<p>Elect to remain silent or give evidence (B)</p> Signup and view all the answers

Under which section of the Evidence Act is no particular number of witnesses required to prove any fact?

<p>s136 Evidence Act (D)</p> Signup and view all the answers

What is a potential consequence of not producing evidence that could be favorable to the case?

<p>An adverse inference may be drawn (C)</p> Signup and view all the answers

What is the focus of the defense's case as outlined in the content?

<p>To demonstrate reasonable doubt in the prosecution's case (D)</p> Signup and view all the answers

Which section outlines the procedure for the court to alter the charge?

<p>s230(1)(g) CPC (D)</p> Signup and view all the answers

What must occur at the close of the prosecution's case if there is no case for the defense to answer?

<p>Charges are dismissed (C)</p> Signup and view all the answers

What role does the qualification and materiality of a witness play in adverse inferences?

<p>It determines if the court can presume evidence would harm the witness's case (C)</p> Signup and view all the answers

What condition must be met for a prosecution case to offer its remaining witnesses after proving its case?

<p>They must have relevant information (A)</p> Signup and view all the answers

What does s129 CPC specify regarding alterations of charges?

<p>It allows trial continuation after altering or framing new charges (B)</p> Signup and view all the answers

In what manner can the prosecution's evidence be presented without calling the qualified person according to s263 CPC?

<p>By submitting a report from a qualified person (A)</p> Signup and view all the answers

What is the significance of s291 (1) CPC concerning the accused's testimony?

<p>The accused must provide evidence only under oath or affirmation. (C)</p> Signup and view all the answers

Under what circumstances can a court recall a witness according to s283(2) CPC?

<p>If their evidence is crucial for a just decision. (A)</p> Signup and view all the answers

Who has the final right of reply during the closing submissions in a trial?

<p>The Prosecution. (C)</p> Signup and view all the answers

What must occur if the court finds the accused not guilty?

<p>The court must order a discharge amounting to an acquittal. (C)</p> Signup and view all the answers

Which of the following is true about prior inconsistent statements according to the impeachment procedure?

<p>The witness must be given an opportunity to explain any differences. (D)</p> Signup and view all the answers

What does it mean for the prosecution to bear the burden of proof?

<p>The prosecution must prove guilt beyond a reasonable doubt. (B)</p> Signup and view all the answers

What is the implication of allowing parties to re-call a witness when a charge is amended?

<p>It is subject to the court's discretion based on the nature of the changes. (C)</p> Signup and view all the answers

Under s230(1)(t) CPC, what right does the Prosecution have at the close of the Defence case?

<p>To call or recall any person for rebuttal. (A)</p> Signup and view all the answers

In what context must the judge comply with the procedure under S.228 CPC if the accused is found guilty?

<p>To properly handle the issue of sentencing. (C)</p> Signup and view all the answers

What characterizes the exercise of discretion to recall witnesses as stated in the content?

<p>It should be utilized sparingly and judiciously. (D)</p> Signup and view all the answers

Flashcards

Inconsistencies in a statement

Differences or discrepancies in a statement over time.

Impact of inconsistencies on credibility

Inconsistencies can reduce the believability and trustworthiness of a statement.

Impeaching a witness

Challenging the credibility or trustworthiness of a witness.

Prior inconsistent statement

A prior statement by a witness that contradicts their current testimony.

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Weight of evidence

Significance or importance of evidence in supporting a claim.

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Witness's memory loss

Forgetting or inability to recall events during testimony.

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Memory refreshing

Attempting to stimulate witness's memory through reviewing prior documents/statements.

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Impeachment procedure basis

Derivation comes from statutes, case laws, and practiced approaches.

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Discrepancies in testimony

Differences in a witness's statements.

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Prior inconsistent statement vs two accounts

A prior inconsistent statement isn't strictly limited to situations with two accounts of events.

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Burden of Proof

The responsibility of proving the facts of a case.

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Cross-Examination

Questioning a witness by the opposing side.

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Amend the Charge

Changing the accusation against a defendant.

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Prima Facie Case

A case with enough evidence to be considered true.

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Essential Elements

Critical factors needed to prove an offense.

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No Case to Answer

Defense's claim that there's no sufficient evidence against the defendant.

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Examination in Chief

The initial questioning of a witness by the party who called them.

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Credible Evidence

Evidence that is believable and trustworthy.

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Recall Witness

Bringing a witness back to court to testify again.

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Rebuttal

Presenting evidence to contradict the opposing side's case.

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Adverse Inference

When a court assumes that evidence not presented by a party would be unfavorable to their case, particularly if that evidence is within their control.

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Close of Prosecution's Case

The point in a trial where the prosecution has presented all its evidence and rests its case, signaling the opportunity for the defense to present its side.

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Reasonable Doubt

The level of uncertainty that prevents a jury from finding the accused guilty beyond a reasonable doubt. The defense must raise this doubt to have a chance of acquittal.

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Amendment of Charge

The process of modifying the original charges against an accused during a trial, often based on new evidence or a change in the prosecution's strategy.

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Procedure for Altering Charge

The specific steps and legal requirements that a court must follow when changing or amending the charges against an accused.

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Court's Role in Altering Charge

The court's responsibility to ensure that any amendment to the charges is fair, legal, and doesn't prejudice the accused's rights.

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Recall of Witnesses

The process of calling back witnesses who have already testified, usually after charges have been altered or new evidence has emerged.

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Stay of Proceedings

A temporary halt to legal proceedings, usually granted when the prosecution needs more time to gather evidence or when there's a procedural issue to be addressed.

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Case for the Defence

The defense's presentation of evidence and arguments to raise reasonable doubt about the prosecution's case, attempting to prove the accused's innocence or lack of guilt.

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Defendant's Evidence Order

In a criminal trial, the defendant presents their evidence before the prosecution. This includes the defendant's own testimony and witness testimonies.

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Defendant's Oath

The defendant must give evidence under oath or affirmation, meaning they must swear to tell the truth.

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Sparing Recall

The court should only recall witnesses if truly necessary, as doing so too often can delay the trial and be disruptive.

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Rebuttal Witnesses

After the defense presents their case, the prosecution can call witnesses to refute or contradict the defense's claims.

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Notice for Additional Witnesses

The prosecution must provide prior notice if they intend to call additional witnesses after the defense case.

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Tenuous Defense

A weak or unconvincing defense does not automatically shift the burden of proof to the prosecution.

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Impeachment Procedure

A process for challenging the credibility of a witness by highlighting inconsistencies in their statements.

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Study Notes

Credibility and Reliability of Statements

  • Explaining inconsistencies enhances the credibility and reliability of a statement, impacting its legal weight.
  • Misrepresentation by the statement maker reduces credibility.
  • Courts carefully evaluate all evidence, even after a witness's credibility is questioned.
  • Section 147(3) of the Evidence Act allows prior inconsistent statements as evidence of facts stated within, weighing depending on circumstances.
  • Contemporaneousness and motives to distort information influence the weight of prior inconsistent statements.
  • Forgetful witnesses should have their memory refreshed per Section 161 of the Evidence Act.

Impeachment Procedure

  • Impeachment procedure is based on statutes, case law, and practice.
  • Witness contradicting prior statements, even after attempts to refresh memory, can be categorized in four classes of discrepancies: minor, apparent, serious, and material.
  • Witness's credibility can be impeached by proving unworthiness, bribery, corruption, or inconsistencies.

Prosecution and Defense

  • Prosecution holds the final right of reply as outlined in Section 230(1)(v) of the CPC.
  • Inadequate or weak defenses do not fulfill the Prosecution's burden of proof.
  • Defense initiates closing submissions as per Section 230(1)(u) of the CPC.
  • Burden of proof always rests with the Prosecution.

Criminal Trials

  • During the close of prosecution's case, all primary facts are deemed true unless inherently incredible or discredited.
  • Prosecutor can re-call witnesses following Defense.
  • Court not bound to look for offenses beyond the charge.
  • Courts should use discretion judiciously when recalling witnesses.
  • Accused must provide a defense if there's a prima facie case.

Amending Charges

  • Courts can modify charges prior to defense presentation in criminal cases.
  • Court considers totality of evidence when ruling on criminal cases.
  • Judges decide on questions of law regarding credible evidence to establish offense elements.
  • Submissions of no case need evidence-based reasoning, not mere procedural concerns
  • Prosecution witnesses are examined in chief by the prosecutor.

Witnesses and Evidence

  • Qualified individuals' reports can be evidence without their personal appearance.
  • Reports of qualified persons are admissible as preliminary proof of facts stated.
  • Accused is presented with options to give testimony or remain silent.
  • Reports of qualified individuals may be used as evidence without the witness needing to testify personally.

Adverse Inference

  • A presumption may be made if evidence is withheld that could be favorable to the party withholding it.
  • Material witnesses should be called, and their absence may be used as evidence against a party.

Reasonable Doubt

  • Prosecutor bears burden of proving case beyond a reasonable doubt.
  • A case can be founded on a single witness's testimony, but the evidence should be scrutinized closely.
  • Reasonable doubt is based on logical connections to evidence, not fanciful doubts

Impeachment of Witnesses

  • Witnesses can be impeached by the adverse party or (with court consent) by the party who called the witness, by providing evidence of unworthiness (e.g., bribery), by proving contradictory statements, or by illustrating immoral character.

Procedure for Establishing Inconsistent Statements

  • The procedure for establishing inconsistent statements involves identifying material inconsistencies, highlighting discrepancies in statements, and questioning the witness on those statements. The court will determine whether there are serious/material inconsistencies.

Weight of Statements

  • The weight given to a witness's prior inconsistent statement depends on factors like contemporaneousness with the events, incentives for misrepresentation, and any circumstances suggesting accuracy or inaccuracy.

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CRI 5 - Trial PDF

Description

This quiz explores the principles surrounding the credibility and reliability of witness statements in legal contexts. It covers topics such as the impact of inconsistencies, the impeachment procedure, and relevant sections from the Evidence Act. Test your knowledge on how evidence is evaluated in courts.

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