Understanding Hearsay Evidence and Witness Credibility

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Questions and Answers

What is the primary responsibility of the Procurator Fiscal regarding prosecution decisions?

To gather evidence for the trial

To recommend sentencing based on evidence

To oversee the trial process

To determine the initial decision to prosecute (correct)

What does the principle of corroboration require in Scots Law?

Evidence from at least two separate sources (correct)

A confession from the accused

Physical evidence only

Testimony from a single credible witness

Which type of evidence is NOT considered corroborative on its own?

A single credible eyewitness account (correct)

Home surveillance footage

Physical articles of evidence

Circumstantial evidence

Which of the following best represents the definition of evidence in a legal context?

All means that can prove or disprove the truth of a matter in court Signup and view all the answers

What type of evidence is NOT explicitly mentioned as admissible in court?

Heard testimony from unofficial sources Signup and view all the answers

During a police investigation, what can the lies of an accused indicate?

They could have various motivations other than guilt Signup and view all the answers

In Julie Sanders' scenario, which action represents corroborative evidence?

The presence of security cameras Signup and view all the answers

In legal terms, what does it mean for a witness to be credible and competent?

The witness can recall facts effectively and is trustworthy Signup and view all the answers

What is the necessary condition for using witness testimony in court under Scots Law?

There must be corroboration from another source Signup and view all the answers

What role does the Crown Office play in the prosecution process for serious crimes?

They have involvement after the initial prosecution decision Signup and view all the answers

What is hearsay evidence?

Evidence based on what someone else has said, not personal knowledge Signup and view all the answers

How many sources of evidence are required by Scots Law to establish a crime has been committed?

Two Signup and view all the answers

Which of the following is an example of circumstantial evidence?

The presence of the accused at the location of the crime Signup and view all the answers

When should the common law caution typically be used?

Before questioning a suspect about a serious crime Signup and view all the answers

Which of the following might NOT be considered legal means of evidence?

Secondhand accounts from various sources Signup and view all the answers

What role does a store detective play in the evidence-gathering process based on the scenario?

They collect admissible evidence for legal proceedings Signup and view all the answers

What was the primary action reported by the store detective?

Marissa Long was identified as the thief Signup and view all the answers

What is meant by the term 'productions' in the context of a crime investigation?

Physical articles and statements linked to the case Signup and view all the answers

What outcome can be inferred from the statement that 'the coats were never recovered'?

There was insufficient evidence for a prosecution Signup and view all the answers

What should an officer ensure when noting down evidence in a police notebook?

Details must include the possession of productions Signup and view all the answers

What role does the store detective play in this scenario?

Identifying the accused as the suspect Signup and view all the answers

Which of the following statements reflects a legal principle in evidence handling?

Accurate recording of evidence is crucial for the investigation Signup and view all the answers

What can be inferred about the case outcome based on the information provided?

The case remains unresolved due to lack of evidence Signup and view all the answers

What might be a potential consequence of incorrectly recording evidence?

It may lead to the dismissal of the case Signup and view all the answers

What key evidence contributed to the prosecution's case against her?

CCTV footage Signup and view all the answers

What defines a credible witness in a court of law?

A witness deemed trustworthy by the court Signup and view all the answers

Which of the following statements about credible witnesses is correct?

Witnesses can still be credible despite having a questionable character. Signup and view all the answers

How long was she imprisoned after her conviction?

3 months Signup and view all the answers

Why should all potential witnesses be considered during an investigation?

They might provide information regardless of their trustworthiness. Signup and view all the answers

What happens if a witness has given false information in the past?

They may still provide valuable information if relevant. Signup and view all the answers

What is the main purpose of establishing a chronological chain of events in a trial?

To provide clarity and consistency to the evidence. Signup and view all the answers

What should not lead to the exclusion of information from a potential witness?

All of the above. Signup and view all the answers

What is meant by the onus of proof in criminal cases?

The prosecution has the responsibility to prove the accused's guilt. Signup and view all the answers

Which of the following best describes the principle of corroboration?

Multiple independent pieces of evidence support a single claim. Signup and view all the answers

What does the rule of best evidence imply?

Original documents are preferred to copies as evidence. Signup and view all the answers

What constitutes hearsay evidence?

Testimony about a statement made by someone who is not present. Signup and view all the answers

What is required to prove the guilt of an accused?

Proof beyond a reasonable doubt must be established. Signup and view all the answers

What does it mean for a witness to be credible and competent?

The witness must have firsthand knowledge and be reliable. Signup and view all the answers

When should the common law caution be used?

When a suspect is taken into custody. Signup and view all the answers

Which statement is true regarding evidence in police inquiries?

Evidence must be relevant and obtained legally. Signup and view all the answers

Study Notes

Evidence Overview

Evidence is defined as all legal means that may prove or disprove the truth before a court.
Types of evidence include eyewitness statements, CCTV footage, and DNA.

Principle of Corroboration

Scots Law mandates evidence from at least two separate sources for a conviction.
This principle ensures that a single piece of evidence is supported by another credible source.
Separate credible eyewitness accounts, circumstantial evidence, or physical items can establish guilt.

Hearsay Evidence

Hearsay evidence refers to statements made outside of court not admissible as proof.
It is traditionally excluded because it lacks the opportunity for cross-examination.

Credible and Competent Witness

A credible witness is deemed trustworthy by the court, regardless of their character.
Competent witnesses must possess the necessary ability or knowledge to provide reliable evidence.

Common Law Caution

Common law caution is a warning given to potential suspects indicating that they do not have to answer questions.
It should be used when a police officer believes that the individual may have committed an offense.

Case Scenario

In a theft case at Tiffany's Store, store detective Julie Sanders identified a suspect, Marissa Long, who stole coats.
No coats were recovered, but Sanders' identification was key in pursuing charges.

Evidence Documentation

Statements and physical evidence (productions) must be accurately recorded in police notebooks.
A chronological chain of events supports the prosecution's case and may include corroborating evidence like CCTV footage.

Outcomes

The suspect was found guilty based on the evidence, including CCTV footage and witness testimony, resulting in a three-month prison sentence.

Investigative Standards

All individuals with potential information should be considered credible witnesses until proven otherwise.
Past inaccuracies or group stereotypes should not determine a person's credibility in an investigation.

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Description

This quiz explores the concepts of hearsay evidence and the qualities that make a witness credible and competent within the legal system. Additionally, it covers the common law caution. Test your knowledge on these important legal principles.