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assertion evidence essay

assertion evidence essayAssertion evidence essay -However, you could structure your questions to invite the witness to admit previous mistakes, and only after getting those admissions, follow up with the 'bad memory' question.The burden of proof, or the standard of proof, is beyond reasonable doubt.Try to limit such opportunities by demanding specific answers to very specific questions.Witnesses may also introduce physical evidence – such as weapons, drugs, fingerprints and so on.Most witnesses can be subpoenaed to court and compelled to give evidence, but there are some exceptions.This chapter is just an introduction to the main ideas of evidence and related procedure.Alternatively, if the prosecution suggests that the witness has made up her or his story recently, an earlier statement may be admitted to disprove this claim of 'recent invention'.Resist this suggestion, and remind the magistrate or judge or jury that the case is all about the prosecution proving, or not proving, their charge.Other evidence may, for example, reflect badly on you but not prove anything in this particular case.A spouse, however, can be compelled to give evidence in domestic violence and child sexual assault cases.You should consider these possibilities when cross-examining at the committal.Normally, witnesses must give spoken evidence, so that the opposing party has the opportunity to cross-examine them – to test their evidence.In this event, you will be acquitted, and cannot be charged again for the same offence.No witness can give an opinion on the ultimate fact (for example, guilt or otherwise) at issue in a trial or hearing.You cannot call evidence of her or his previous poor recollections.So try to develop your cross-examination with a succession of short, specific questions.Rules of evidence have been standardised throughout Australia, usually in an Evidence is the means by which a fact is proved.The magistrate or judge has a discretion to exclude, or to allow, doubtful evidence.Cross-examination is technically easier than examination-in-chief, and you usually can ask leading questions. There is a risk that you will give a prosecution witness the chance to say something she or he was not able to in examination-in-chief.Cross-examination can be used for purposes such as these: There is usually not much value in extended confrontations with a dishonest witness, as she or he will almost invariably deny lying and may use the opportunity to make additional false accusations.assertion evidence essayUnlike prior consistent statements, these are admissible.However, that statement may then be seen by the opposing party, who may cross-examine the witness about any inconsistencies the statement may reveal.In proving that you committed the offence, the prosecution must prove every essential element of its charge beyond reasonable doubt.In practice, you might want to demonstrate some reason why the court should doubt that you knew they were there.The rules of evidence regulate what witnesses can say and what physical evidence may be introduced, in line with two broad principles: 'Best' evidence means, for example, that first-hand evidence is preferred to second-hand evidence.You are entitled to re-examine your witness after she or he has been cross-examined, but only to clear up any issues that may have arisen in cross-examination.One of the most basic principles in the rules of evidence is that evidence must be relevant to the issues before the court.In most cases, evidence is provided by witnesses who can tell the court what they saw or heard (or in some cases, smelt or touched).Evidence then has to be judged as credible by the magistrate, judge or jury.A denial after these admissions will be seen in a different light.The general aim of evidence is to provide proof (or otherwise) of the issues to be decided in court.If you suggest that the witness has a bad memory, and the witness denies it, you are stuck with that answer.You do not have to prove your innocence, or any alternative set of facts; you need only raise a reasonable doubt as to the prosecution's case.Evidence may be excluded if it has been illegally or unfairly obtained or if, for example, an identification has been made in unfair circumstances.If evidence is judged (by the judge or magistrate) to be outside the rules, it is held to be 'inadmissible', and so cannot be used to prove any issue.Third, an important tactic is to point to prior inconsistent statements by a witness.Here is an example of how to, and how not to, ask such questions. Right: Witnesses generally cannot give their opinions as evidence, except in a particular field when they are accepted as expert witnesses.This is a requirement of fairness to all witnesses.Cross-examination is the questioning of another party's witnesses.The first principle of admissibility is that the evidence must be relevant. assertion evidence essay Witnesses may not be required to give yes or no answers, but they are required to respond directly to the questions you ask.Not all prosecution witnesses are hostile to the defence, but even hostile witnesses may be able to provide evidence that can help the defence.The first approach, on the other hand, restricts even a hostile and experienced witness to specific responses.There are some basic principles of cross-examination.Second, you are entitled to attack both the evidence that the witness gives, and the witness's credibility.For example, a witness cannot express opinions about you in examination, but if you are careless you may give them an opportunity to do this in cross-examination.Witnesses may refresh their memory by referring to a statement before giving evidence, or occasionally during evidence.If you raise issues that the prosecution could not have reasonably foreseen would arise, then the judge may allow evidence in rebuttal.Plan your questions so they will lead up to the response you are seeking.If you intend to call alibi witnesses (to show that you were somewhere else when the crime occurred), you must inform the prosecution of the alibi before the trial, and of the alibi witnesses you intend to call.For instance, if marijuana is found in your car, you might need to demonstrate that you did not know it was there.This is so that the witness has a chance to respond to the accusation.In indictable cases, you must tell the prosecution of your alibi witnesses within a certain period (such as 10 days) after the end of a committal hearing.A similar warning is given with evidence of an accomplice.Evidence produced this way is valuable, as the prosecutor will generally not challenge the credibility of her or his own witnesses.In a criminal trial, these rules are stricter than in other court proceedings. People may be convicted on circumstantial evidence, if that evidence does not allow for any other reasonable explanation.The reason for this is that you cannot be seen to be putting words in their mouths.Rules of fairness, for example, are intended to prevent evidence that is prejudicial, and is of little value in proving any relevant fact, from being admitted.You generally cannot 'support' your own witness by establishing that she or he has previously said the same thing.If the prosecution cannot prove every element of the charge then it has not proved its case beyond reasonable doubt. assertion evidence essay Evidence which fits within the rules of evidence may be 'admitted' into a trial or hearing as 'admissible' evidence.All you must do is establish a 'reasonable doubt' about at least one of the major elements.Note that prosecution witnesses can often provide evidence that may help the defence.You may typically find that a witness has 'improved' her or his evidence at trial, from the original statement to police. Where a witness has made more than one statement, always look for what the second statement adds.Its purpose is to obtain evidence from a witness that will help your case.It can be spoken evidence, or in the form of a document or object.You cannot simply repeat evidence given in examination-in-chief, or introduce new issues.Evidence which is judged as relevant and admissible by the magistrate or judge still may be excluded if it is otherwise unfair.Prior consistent statements are generally inadmissible as they are regarded as 'self-serving' statements that do not prove the witness is telling the truth. For example, if the earlier statement was made very close to the occurrence of the asserted fact, the statement may be admissible.Admissible evidence may be heard and considered by the magistrate, judge or jury deciding the case.This is usually done by having the witness or the judge recognise an earlier statement by that witness, which contradicts the present evidence.Careful questioning of the witness, and comparison with other evidence, might establish that the witness is either mistaken or is lying.If, for example, you call a witness in a defence case to establish that you were somewhere else at the time of a robbery (in which case this person is called an alibi witness), you must ask your witness questions in as 'neutral' a way as possible.The accused, her or his spouse, and a co-accused may give evidence, but cannot be compelled to do so.Tactful questions should be planned to draw out such information.For example, if you are charged with offensive language it is not relevant that you smoke marijuana.Examination-in-chief is the questioning of your own witnesses.The onus of proof is thus on the prosecution in a criminal trial – they must prove their case.If your witness gives answers you don't expect, you cannot contradict the witness until you establish her or him as a 'hostile' or unfavourable witness and obtain leave of the court to cross-examine.It is important, therefore, that you focus the whole proceedings around the elements of the prosecution's charges, and whether these have been proven. assertion evidence essay Try to limit such opportunities by demanding specific answers to very specific questions. assertion evidence essay




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