15 Questions
In court, if a witness denies or refuses to answer whether they have been convicted of a crime, how can the court prove the conviction?
By using a certificate signed by the officer who has custody of the court records where the person was convicted
What information does the certificate used to prove a witness's conviction contain?
Substance and effect of the charge and conviction, omitting the formal part
What is sufficient evidence of the conviction if the identity of the witness as the convict is proven?
The certificate containing the substance and effect only, omitting the formal part, of the charge and of the conviction
What is the key objective in securing a scene according to the text?
Preserving enough evidence to hold the responsible person or persons accountable
In what way can exposure to the elements damage evidence, as mentioned in the text?
Exposure to elements can cause damage to both fingerprints and footprints
What factor should be considered when determining the best method of protecting evidence, as per the text?
The vulnerability of the evidence to exposure
Which type of records are admissible as evidence if they were made in the usual course of business?
Bank records
Under what circumstances is a spouse competent to give evidence for the defense?
When the accused is charged with an offense
In which cases does spousal privilege not apply?
When the accused is charged with specific serious offenses against young persons
In a criminal trial, when can incriminating answers be used against the defendant or their spouse?
If the crime involves serious offenses against minors
How many professional or expert witnesses can be called without the court's permission?
Five
When can previous convictions be used to impeach a witness's credibility?
Always
Which of the following statements about the admissibility of electronic documents is true?
The burden of proving the authenticity of an electronic document lies with the person seeking to admit it as evidence.
Under what circumstances can a witness making a solemn affirmation be held liable for perjury?
When the witness knowingly provides false information under the affirmation.
What is the primary purpose of sealing each piece of evidence in its own evidence bag and signing across the evidence tape with initials and date?
To maintain the integrity and chain of custody of the evidence.
Study Notes
Legal Aspects of Evidence and Evidence Collection
- A witness can be questioned about any prior convictions, excluding contraventions under the Contraventions Act, and the opposing party can prove the conviction if the witness denies it or refuses to answer.
- A person can make a solemn affirmation instead of taking an oath, and the evidence given under the affirmation has the same effect as if taken under oath.
- A witness making a solemn affirmation is liable to indictment and punishment for perjury.
- The evidence of a proposed witness under fourteen years of age is admissible if they are able to understand and respond.
- A record made in the usual course of business containing information on a matter is admissible in evidence in a legal proceeding.
- The court may draw an inference where a business record does not contain expected information.
- The burden of proving the authenticity of an electronic document lies with the person seeking to admit it as evidence.
- The best evidence rule for electronic documents is satisfied by proving the integrity of the electronic document system or if an evidentiary presumption established under section 4 applies.
- Evidence preparation is crucial, and individuals should avoid touching anything at a crime scene, secure the area, record everything, and not disclose information to the media or others.
- Collecting evidence involves six steps: collect, secure, preserve, identify, maintain continuity, and log the collected evidence.
- Preserving evidence involves sealing each piece in its own evidence bag, signing across the evidence tape with initials and date, and updating the property log every time the evidence is handled.
- Security guards play a critical role in protecting crime scenes to prevent damage or loss of crucial evidence, which could impact holding perpetrators accountable.
Test your knowledge of the legal aspects of evidence and evidence collection with this quiz. Explore topics such as witness questioning, solemn affirmation, admissibility of evidence, electronic documents, evidence preparation, and the steps involved in collecting and preserving evidence. Sharpen your understanding of these crucial legal principles.
Make Your Own Quizzes and Flashcards
Convert your notes into interactive study material.
