Disclosure of evidence

What is disclosure? Disclosure relates to the production of material/evidence (both prosecution and defence) that will be used at the trial of a defendant The the duty of disclosure under s. 3 CPIA 1996 is _________ and _______. the duty of disclosure under s. 3 CPIA 1996 is objective and ongoing. What act governs disclosure? Post charge / pre-trial disclosure is governed by the Criminal Procedure and Investigations Act 1996. What disclosure can be given pre-charge, in ...

Outcomes 1. Analyse the other side's list of documents and advise on whether the disclosure complies with the CPR and whether claims to legal professional privilege have been properly made. 2. Apply detailed and comprehensive knowledge to ensure that witness statements comply with CPR Part 32 and PD32. 3. Apply detailed and comprehensive knowledge to advise on instructing experts and the rules relating to expert evidence. 4. Exercise sound professional judgement in advising on the admissibi...

Courts have expressed concern that requiring too much prosecutorial disclosure in a criminal case might result in the defendant ____________. taking undue advantage ____________ evidence is any evidence that would cast doubt on the credibility of a witness. Impeachment In Giglio v. United States (1972), the Supreme Court clarified that all ____________ evidence, even if not a prior statement by a witness, must be disclosed to the defense. impeachment Informal prosecutoria...

Which of the following terms is used to describe the informal and formal exchange between the prosecutor and the defense attorney prior to trial? Discovery Which of the following Amendments provides for the right to the disclosure of evidence? None of the above Which of the following formal methods of exchanging information refers to written questions answered under oath to be used as evidence in court? Interrogatory Which of the following formal methods of exchanging inf...

Introduction *In criminal proceedings, not all evidence can be used. Evidence which is used in court must be admissible which means that it must be reliable and relevant to the case. Reliable evidence *Evidence that is credible and true. *This is usually questioned with regards to witness testimonies and expert witnesses. *The witness testimony must be believable by a reasonable person. *The expert witness must be supported by the rest of the scientific community. Relevant evi...

3 Levels of Evidentiary Proof 1. Probable Cause 2. Sufficient Admissible Evidence 3. Proof Beyond a Reasonable Doubt Probable Cause oReasonable trustworthy information sufficient to warrant a prudent person in believing that the crime at issue was committed by the named defendant. Not concerned with admissibility Very low bar When is it ok to charge only on PC? π Flight Risk π Danger to Community Sufficient Admissible Evidence oThe threshold for surviving a motion f...

What are the goals of modern discovery? There are five: Give parties equal access to all data, to enable cases to be adjudicated on their merits; Determine issues that are actually in dispute; Preserve evidence that may be unavailable at trial (e.g., testimony of a terminally ill witness who may die before trial); Obtain information about additional evidence and obtain leads to new evidence; Facilitate required disclosure by each party under FRCP 26(a). What is the scope o...

CPIC Citizens Property Insurance Corporation: Governed by "Consumer Choice Statute" Eligibility Must go to admitted market first - applicant & producer must certify they were unable to obtain or not receive an offer from an authorized carrier that is less than 15% higher than CPIC. Residental Guidelines Coverages - Homeowners and Dwelling Property - HO 2, 3, 4, & 6 & DP policies. On Site Keep-Out Program Authorized insurer underwrites the policy prior to CPIC underwrit...

Identify two acts of legislation of particular importance within forensic photography? PACE 1984 CPIA 1996 which wavelength range is visible light? 400-700nm the term painting with light refers to which type of technical photography? night time what is NOT discussed as important when setting up a photograph alignment which is the best kind of scale to use when imaging detailed advice L Scale what camera setting affects graininess? ISO consent is r...

Merit based incentive payment system pays who more Efficient Doctors (less visits) Which MIPS will we have in 2027 MVP (MIPS value pathway) 3 forms of opting out of MIPS Advanced alternative payment models, first year of Medicare part B participation, be below volume threshold 3 requirements for low threshold 200 or less Medicare patients/ Medicare services, less than 90,000$ Medicare-B charges pts that require MIPS reporting Medicare part B (railroad pts) ...