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Admissible evidence must have at least "some probative value." Real evidence that has been proven to be relevant and material are prima facie admissible regardless of whether the investigative conduct to seize the evidence was lawful or not. Much of the entirety of the rules of evidence concerns the question of what is admissible evidence.
Whether the evidence is admissible depends on whether it is good character or bad character. The former being generally permissible and the latter being generally impermissible. Any time bad character evidence is admitted under one of the exceptions the judge must also assess whether the probative value outweighs the prejudicial effect.
Oct 15, 2024 · Defendants may move to suppress evidence obtained by police or prosecutors in violation of their constitutional rights, including the Fourth Amendment right against warrantless searches and seizures, the Fifth Amendment right against self-incrimination, and the Sixth Amendment right to an attorney in a criminal case. Evidence obtained in violation of a defendant’s rights is known as “fruit ...
The co-accused had recanted his statement at trial. His statement was not shown to be reliable so as to be admitted as an exception to the hearsay rule against the accused. ... [R v C(B)] simply reaffirms the well-established rule that an accused’s statement is only admissible against its maker, not the co-accused.")
The evidence must address a fact in issue in the case, i.e. the fact must have legal significance arising from the pleadings or indictment, or the credibility of the witness.8 3. Does the evidence fall under any legal rule that excludes it? Some of the different legal rules for excluding evidence will be laid out below in this paper e.g. hearsay.
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Feb 6, 2012 · One of the basic principles of Canadian criminal law, a principle which is now entrenched in the Canadian Charter of Rights and Freedoms, is that an accused is presumed innocent until proven guilty beyond reasonable doubt; because no accused person may be forced to testify against himself, the prosecution must supply evidence of the crime. It may be supplied by witnesses testifying under oath ...
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Sep 15, 2020 · Where evidence is relevant and material the evidence should be admitted unless their exclusion is justified. [2] Much of the entirety of the rules of evidence concern the question of what is admissible evidence. As such, admissibly of evidence can be better understood as evidence that is not prohibited by an exclusionary rules.
