Trial Judgement: Difference between revisions
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==General== | |||
; INTRODUCTION | ; INTRODUCTION | ||
| Line 5: | Line 7: | ||
; BACKGROUND FACTS | ; BACKGROUND FACTS | ||
: organize by headers | : organize by headers | ||
:: Procedural facts | |||
:: Undisputed facts | :: Undisputed facts | ||
:: review of disputed evidence | :: review of disputed evidence | ||
; ISSUES | ; ISSUES | ||
| Line 26: | Line 28: | ||
::: ''Governing Principles'' | ::: ''Governing Principles'' | ||
::: ''Principles Applied'' | ::: ''Principles Applied'' | ||
; CONCLUSION | |||
: Articulate disposition and declare order(s) | |||
==Credibility Trial== | |||
; INTRODUCTION | |||
* Identify accused and charges | |||
; ISSUE | |||
* Has Crown proven essential elements on a standard of proof beyond a reasonable doubt? | |||
; POSITION OF THE PARTIES | |||
* General summation of the positions of Crown and defence | |||
; BACKGROUND FACTS | |||
:: Undisputed facts | |||
; CONTESTED EVIDENCE | |||
: summarize disputed evidence by each witness | |||
* witness #1 | |||
* witness #2 | |||
* accused | |||
; LAW | |||
* Burden of Proof remains on Crown and never shifts. | |||
* Standard of proof is beyond a reasonable doubt. | |||
* DW test | |||
* Tools for evaluating evidence | |||
** Judge may accept all, some, or none of a witnesses statement based on assessment of reliability and credibility | |||
** To that end, Judge may consider inconsistencies (with self or others), corroboration (with other W, record E, real E), capacity to observe and remember, bias/partiality, manner of testimony, demeanour, and apply common sense to plausibility of evidence. | |||
** The Judge has discretion make inferences of fact where it is logically and rationally connected to evidence and accords with common sense. | |||
; ANALYSIS | |||
* Analyze accused testimony (Does the Judge Believe the Accused? If not, does it leave the Judge in doubt on any essential element?) | |||
* Analyze defence witness testimony (Does the Judge Believe them? If not, does it leave the Judge in doubt on any essential element?) | |||
* Analyze the alleged victim (Does the Judge believe the alleged victim? ) | |||
* Analyze the Crown witnesses (Does the Judge believe the witnesses? ) | |||
* Consider what evidence the Judge accept | |||
* Analyze whether on the accepted evidence, has the elements been proven beyond a reasonable doubt. | |||
; CONCLUSION | ; CONCLUSION | ||
: Articulate disposition and declare order(s) | : Articulate disposition and declare order(s) | ||
Revision as of 08:13, 13 August 2020
General
- INTRODUCTION
- OVERVIEW
- BACKGROUND FACTS
- organize by headers
- Procedural facts
- Undisputed facts
- review of disputed evidence
- ISSUES
- List issues
- POSITION OF THE PARTIES
- ISSUE 1
- ISSUE 2
- ISSUE 3
- ANALYSIS
-
- ISSUE 1
- Governing Principles
- Principles Applied
- ISSUE 2
- Governing Principles
- Principles Applied
- ISSUE 3
- Governing Principles
- Principles Applied
- ISSUE 1
- CONCLUSION
- Articulate disposition and declare order(s)
Credibility Trial
- INTRODUCTION
- Identify accused and charges
- ISSUE
- Has Crown proven essential elements on a standard of proof beyond a reasonable doubt?
- POSITION OF THE PARTIES
- General summation of the positions of Crown and defence
- BACKGROUND FACTS
-
- Undisputed facts
- CONTESTED EVIDENCE
- summarize disputed evidence by each witness
- witness #1
- witness #2
- accused
- LAW
- Burden of Proof remains on Crown and never shifts.
- Standard of proof is beyond a reasonable doubt.
- DW test
- Tools for evaluating evidence
- Judge may accept all, some, or none of a witnesses statement based on assessment of reliability and credibility
- To that end, Judge may consider inconsistencies (with self or others), corroboration (with other W, record E, real E), capacity to observe and remember, bias/partiality, manner of testimony, demeanour, and apply common sense to plausibility of evidence.
- The Judge has discretion make inferences of fact where it is logically and rationally connected to evidence and accords with common sense.
- ANALYSIS
- Analyze accused testimony (Does the Judge Believe the Accused? If not, does it leave the Judge in doubt on any essential element?)
- Analyze defence witness testimony (Does the Judge Believe them? If not, does it leave the Judge in doubt on any essential element?)
- Analyze the alleged victim (Does the Judge believe the alleged victim? )
- Analyze the Crown witnesses (Does the Judge believe the witnesses? )
- Consider what evidence the Judge accept
- Analyze whether on the accepted evidence, has the elements been proven beyond a reasonable doubt.
- CONCLUSION
- Articulate disposition and declare order(s)