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Presentation of Evidence

Presentation of Evidence. Part I. Shape of the Class. Juries II Review Statue of Justice What is evidence? Types of evidence Witnesses Activities Exit Slip. Juries II Review Activity. Picking Juries Challenge to jury list Challenge for Cause Preemptory Challenge Jury Duty

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Presentation of Evidence

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  1. Presentation of Evidence Part I

  2. Shape of the Class • Juries II Review • Statue of Justice • What is evidence? • Types of evidence • Witnesses • Activities • Exit Slip

  3. Juries II Review Activity • Picking Juries • Challenge to jury list • Challenge for Cause • Preemptory Challenge • Jury Duty • Sequestered

  4. Big Idea • What is the importance of Direct and Circumstantial Evidence during a trial?

  5. Justice

  6. Evidence • Available body of facts or information indicating whether a belief or proposition is true or valid • Must be proven as it is presented • Evidence has to be showed to be part of the crime • Provenance has to be established

  7. Types of Evidence • Direct evidence is usually obtained in the testimony of witnesses who actual saw offence being committed. Most common but not very reliable. • Direct evidence establishes Actus Reus – criminal act committed and sometimes Mens Rea – intent to commit the crime

  8. Circumstantial Evidence • Indirect evidence • Indicates with high probability the accused is the only one who could have committed the crime • Circumstantial Evidence itself usually does not establish Actus Reus or Mens Rea • Circumstantial evidence usually not enough to convict • Supreme Court :if evidence presented to jury points conclusively to the accused as the perpetrator of the crime and excludes any reasonable hypothesis of innocence

  9. Direct Evidence – Most Common • Eyewitness: A personwho saw crime being committed • Eyewitness accounts may be contradictory and witness may not recall what they saw with complete accuracy

  10. Importance of Witness • Creditability is most important thing about a witness • Both Crown and Defence aim to establish their witnesses as creditable and aim to discredit the others • Adversarial process in action

  11. Activity - Other Witness • PP#227-228 • Write down a definition for Character, Expert and Adverse Witness

  12. Activity • Activity: Taking the 5 criminal scenarios we have worked with during Juries I & II, the Crown Attorney has informed you of evidence he has on your client. • Review the evidence and answer the questions on the worksheet. i)Is it Direct or Circumstantial evidence. Why? • ii) Is there enough evidence for Actus Reus? Is there enough evidence for Mens Rea?

  13. Exit Slip • One Great Sentence. • What is the importance of Direct and Circumstantial Evidence during a trial? • Homework: PP#226-234

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