Criminal Trial Process

purpose of rules of evidence

to ensure high quality evidence can prove liablity or guilt

ROE relevence definition

that evidence must establish a fact, and must also adhere to all other rules

ROE hearsay definition

that evidence should be based on direct experience and not heard from another person, excludes representations of events and pre-trial evidence of admission

ROE opinion definition

that evidence only reports facts, except for expert opinions and lay opinions

lay opinion definiton

exception to the opinion ROE, everyday experiences (eg. perception of age or speed)

ROE character definition

that the plaintiff or prosecution cannot introduce evidence against the defendant’s bad character, upholding presumption of innocence

ROE propensity

exception to the character ROE, that connections to past convictions can be made if they have value

natural justice definition

incorperates rule against bias and the right to a fair hearing for determining truth

examples of natural justice

impartial adjudication, hearing both parties, evidence based descisions, transparent and open court processes

trial phase 1

Pre-trial phase

trial phase 2

opening address, beginning with prosecution

trial phase 3

presentation of evidence by both parties without judicial discovery, includes EIC, cross-examination, and re-examination

trial phase 4

closing address by both parties, finally summarising their arguements

trial phase 5

verdict decided by an adjudicator using the evidence

negotiation ADR definition

parties talk to each other until resolution without a third party, cheapest and retains relationships

mediation ADR definition

neutral third party mediator helps clarify a dispute to reach settlement, non binding, used after negotiation, upholds NJP

concilation ADR definition

similar to mediation, but concilitator seeks a solution and makes settlement proposals, often used in industrial disputes

arbitration ADR definition

rule based descisionmaking by arbitrators, partie may still negotiate, used in construction/technical dispute