CRIM 330 Lecture Notes - Lecture 8: Exclusionary Rule, The Offence, Material Issue
9 Apr 2020
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Exclusionary rules: call rules that apply where evidence would otherwise be admissible is excluded for some other reason. Different than excluding evidence for breaches of your charter rights. Judge or jury would make assumptions on guilt based on stereotypy"s on a person generally or misuse of evidence. To prevent judge or jury to make an assumption about guilt --- An out of court statement tendered for the truth of its contents. In a trial, there"s a preference of in person testimony (all evidence in trial even real evidence is admitted through witnesses) Get po who found the hammer to introduce themselves and tell me how they came into possession (where did you find it, where was it located in relation o the victim"s body, was there blood on the hammer) Real evidence turned into exhibits and brought to trial. After direct, theres cross examination (lawyer from opposite side that ask the e is on nce eal and ith er) the.
