FSC360H5 Lecture Notes - Fall 2018 Lecture 2 - Marion Merrell Dow, Scientific literacy, Judicial independence
Document Summary
Role of evidence, legal standards, admissibility, and. What evidence looks like in court: oral evidence: viva voce evidence, testimony from a witness, under oath and in court, physical evidence: real evidence , exhibit # (actual objects, authenticate as genuine and establish relevance, eg. Crime scene photos, dna, alleged weapons, audio recordings, etc: documentary evidence: written documents (exhibit, can be handwritten or produced by machine (printed, best evidence rule, eg. Business records, transcripts of police interviews, affidavits, etc. Three required features of admissible oral evidence: under oath or sworn, opposite party may cross-examine witness, trier of fact is able to observe witness. Lay witness v. expert witnesses: trial process directed at answering what happened? , trier of fact determine facts, relying on evidence of lay & expert witnesses. Expert witness: direct knowledge, direct observers (heard, saw, smelled, felt, can provide opinion in certain circumstances (eg. another individual"s degree of impairment, generally admissible- credibility, reliability, opinion.
