| Term | Definition |
|---|
| Adversary System of trial used in... | criminal cases |
| Role of the Parties | Prosecution + defence responsible for preparing + presenting their case |
| Need for professional representaion | May be represented by lawyers in court |
| Role of Judge | impatial adjudicator (umpire) |
| Standard of Proof | B.A.R.D |
| Burden of Proof | Prosecution to prove accused guilty |
| Evidence & Procedure | Strict rules to ensure both parties are treated fairly |
| Evidence & Procedure Process | evidence-in-chief, cross-examination, re-examination |
| Examination-in-chief | witness gives evidence for first time by answering questions |
| Cross-examination | other side asks questions. highlight weakness in witness's version of events |
| Re-examination | clarify any issues |
| Rules of Evidence | aim to provide only the most reliable evidence is presented |
| Hearsay Evidence | can only repeat what they know/heard directly. cant say what someone else said/saw/heard |
| Opinon Evidence | witness only allowed to give opinon if expert in that field e.g. doctor |
| Prior Convictions | in most cases prior conviction can only be heard after verdict reached |
| Propensity Evidence | evidence that a person has tendency to behave in a certain manner |
| Privilged Info. | cannot be given as evidence without consent of party e.g. doctor and patient |
| Stength | provides fair + unbiased hearing |
| Stength | cost effective |
| Stength | protects rights |
| Stength | community confidence |
| Weakness | state more powerful than individual |
| Weakness | expensive - lawyers + court |
Combine with other sets
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