Trial Judgement: Difference between revisions
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; LAW | ; LAW | ||
* Burden of Proof remains on Crown and never shifts | * [[Beyond a Reasonable Doubt|Burden of Proof remains on Crown and generally never shifts]] | ||
* Standard of proof is beyond a reasonable doubt | * [[Standard of Proof|Standard of proof is beyond a reasonable doubt]] | ||
* DW test | * [[Weighing Testimony of the Accused|DW test]] | ||
* Tools for evaluating evidence | * Tools for evaluating evidence | ||
** Judge may accept all, some, or none of a | ** [[Analyzing Testimony|Judge may accept all, some, or none of a witness's]] evidence based on an 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. | ** 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 the 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. | ** The Judge has discretion [[Inferences|make inferences of fact]] where it is logically and rationally connected to evidence and accords with common sense. | ||
; ANALYSIS | ; ANALYSIS | ||
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* Analyze the alleged victim (Does the Judge believe the alleged victim? ) | * Analyze the alleged victim (Does the Judge believe the alleged victim? ) | ||
* Analyze the Crown witnesses (Does the Judge believe the witnesses? ) | * Analyze the Crown witnesses (Does the Judge believe the witnesses? ) | ||
* Consider what evidence the Judge | * Consider what evidence the Judge accepts, including testimony, records, and real evidence. | ||
* Analyze whether on the accepted evidence, has the elements been proven beyond a reasonable doubt. | * 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 08:17, 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 generally 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 witness's evidence based on an 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 the 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 accepts, including testimony, records, and real evidence.
- Analyze whether on the accepted evidence, has the elements been proven beyond a reasonable doubt.
- CONCLUSION
- Articulate disposition and declare order(s)