Podcast
Questions and Answers
What is the primary responsibility of the Procurator Fiscal regarding prosecution decisions?
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?
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?
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?
Which of the following best represents the definition of evidence in a legal context?
What type of evidence is NOT explicitly mentioned as admissible in court?
What type of evidence is NOT explicitly mentioned as admissible in court?
During a police investigation, what can the lies of an accused indicate?
During a police investigation, what can the lies of an accused indicate?
In Julie Sanders' scenario, which action represents corroborative evidence?
In Julie Sanders' scenario, which action represents corroborative evidence?
In legal terms, what does it mean for a witness to be credible and competent?
In legal terms, what does it mean for a witness to be credible and competent?
What is the necessary condition for using witness testimony in court under Scots Law?
What is the necessary condition for using witness testimony in court under Scots Law?
What role does the Crown Office play in the prosecution process for serious crimes?
What role does the Crown Office play in the prosecution process for serious crimes?
What is hearsay evidence?
What is hearsay evidence?
How many sources of evidence are required by Scots Law to establish a crime has been committed?
How many sources of evidence are required by Scots Law to establish a crime has been committed?
Which of the following is an example of circumstantial evidence?
Which of the following is an example of circumstantial evidence?
When should the common law caution typically be used?
When should the common law caution typically be used?
Which of the following might NOT be considered legal means of evidence?
Which of the following might NOT be considered legal means of evidence?
What role does a store detective play in the evidence-gathering process based on the scenario?
What role does a store detective play in the evidence-gathering process based on the scenario?
What was the primary action reported by the store detective?
What was the primary action reported by the store detective?
What is meant by the term 'productions' in the context of a crime investigation?
What is meant by the term 'productions' in the context of a crime investigation?
What outcome can be inferred from the statement that 'the coats were never recovered'?
What outcome can be inferred from the statement that 'the coats were never recovered'?
What should an officer ensure when noting down evidence in a police notebook?
What should an officer ensure when noting down evidence in a police notebook?
What role does the store detective play in this scenario?
What role does the store detective play in this scenario?
Which of the following statements reflects a legal principle in evidence handling?
Which of the following statements reflects a legal principle in evidence handling?
What can be inferred about the case outcome based on the information provided?
What can be inferred about the case outcome based on the information provided?
What might be a potential consequence of incorrectly recording evidence?
What might be a potential consequence of incorrectly recording evidence?
What key evidence contributed to the prosecution's case against her?
What key evidence contributed to the prosecution's case against her?
What defines a credible witness in a court of law?
What defines a credible witness in a court of law?
Which of the following statements about credible witnesses is correct?
Which of the following statements about credible witnesses is correct?
How long was she imprisoned after her conviction?
How long was she imprisoned after her conviction?
Why should all potential witnesses be considered during an investigation?
Why should all potential witnesses be considered during an investigation?
What happens if a witness has given false information in the past?
What happens if a witness has given false information in the past?
What is the main purpose of establishing a chronological chain of events in a trial?
What is the main purpose of establishing a chronological chain of events in a trial?
What should not lead to the exclusion of information from a potential witness?
What should not lead to the exclusion of information from a potential witness?
What is meant by the onus of proof in criminal cases?
What is meant by the onus of proof in criminal cases?
Which of the following best describes the principle of corroboration?
Which of the following best describes the principle of corroboration?
What does the rule of best evidence imply?
What does the rule of best evidence imply?
What constitutes hearsay evidence?
What constitutes hearsay evidence?
What is required to prove the guilt of an accused?
What is required to prove the guilt of an accused?
What does it mean for a witness to be credible and competent?
What does it mean for a witness to be credible and competent?
When should the common law caution be used?
When should the common law caution be used?
Which statement is true regarding evidence in police inquiries?
Which statement is true regarding evidence in police inquiries?
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.
