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Figure 7.10 Trial by Jury , p. 183

Start. Figure 7.10 Trial by Jury , p. 183. End. Start. Figure 7.10 Trial by Jury , p. 183. End. Start. Figure 7.10 Trial by Jury , p. 183. End. Start. Figure 7.10 Trial by Jury , p. 183. End. Start. Figure 7.10 Trial by Jury , p. 183. End. Start.

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Figure 7.10 Trial by Jury , p. 183

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  1. Start Figure 7.10 Trial by Jury, p. 183 End

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  7. Evidence: • Leading questions: suggests to the witness a particular answer • Allowed on cross-examination but not direct • E.g. “Wasn’t it Tom you saw holding the knife and stabbing Al? • Reword: “What did you see Tom do to Al?

  8. Hearsay statements: evidence given by a witness based on information received from someone else rather than personal knowledge • E.g. “Ann told me that she saw Tom stab Al with a knife” • Not admissible

  9. Opinion Statements: • Lawyers cannot ask a witness to give an opinion on anything that goes beyond common knowledge unless the witness is an expert in that area.

  10. Types of Evidence • Direct evidence: testimony given by a witness to prove an alleged fact • E.g. eye witness testimony • Circumstantial Evidence: indirect evidence that leads to a reasonable inference of the defendant’s guilt • E.g. no eye witnesses but fingerprints

  11. Character Evidence: evidence used to establish the likelihood that the defendant is the type of person who either would or would not commit a certain offence. • Crown can only introduce past convictions, defence can introduce good character but Crown can rebut

  12. Electronic Surveillance • Wire taps • Bugging • Usually only admissible if judge authorizes it beforehand • Polygraph: not admissible – but anything said during the exam is

  13. Voir Dire: • A mini-trial in which jurors are excluded while the admissibility of evidence is discussed. • E.g if a confession was given voluntarily

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  23. Appeals: • Notice within 30 days • Appeal court will affirm the lower courts decision, reverse the decision, or order a new trial • Can also appeal a sentence

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