• Save
Assessment of evidence
Upcoming SlideShare
Loading in...5
×
 

Assessment of evidence

on

  • 404 views

 

Statistics

Views

Total Views
404
Views on SlideShare
404
Embed Views
0

Actions

Likes
1
Downloads
0
Comments
0

0 Embeds 0

No embeds

Accessibility

Upload Details

Uploaded via as Microsoft PowerPoint

Usage Rights

© All Rights Reserved

Report content

Flagged as inappropriate Flag as inappropriate
Flag as inappropriate

Select your reason for flagging this presentation as inappropriate.

Cancel
  • Full Name Full Name Comment goes here.
    Are you sure you want to
    Your message goes here
    Processing…
Post Comment
Edit your comment

Assessment of evidence Assessment of evidence Presentation Transcript

  • Assessment Of Evidence Chaudhary Muhammad Jahangir Deputy Prosecutor General/ Chief Public Prosecutor Punjab/ Director Inspection PPD
  • What is evidence?  Basis for belief or disbelief  Evidence typically includes testimony of witness, documents, photographs, items of damaged property, government records, videos and laboratory reports.
  •  According to Black’s Law Dictoionary “Evidence is the testimony of a witness or document or regarding any material which leads to a logical end for justice.
  • Admissible Evidence The evidence that a trial judge or jury may consider, because the rules of evidence deem it reliable In Admissible Evidence Testimony or other evidence that fails to meet set court rules governing the types of evidence that can be presented to a judge or jury..
  • Reasons for inadmissibility of evidence  Testimony that does not fetters up the sequence of transactions in a case or renders the whole sequence defected not tend to be admissible evidence..
  • Reasons for inadmissibility of evidence  The main reason why evidence is ruled inadmissible is because it falls into a category deemed so unreliable that a court should not consider it as part of a deciding a case –for example, hearsay evidence, or an expert’s opinion that is not based on facts generally accepted in the field...
  • Reasons for inadmissibility of evidence  Evidence will also be declared inadmissible if it suffers from some other defect–for example, as compared to its value, it will take too long to present or risks enflaming the judge, as might be the case with graphic pictures of a murder victim..
  • Reasons for inadmissibility of evidence  Evidence will also be declared inadmissible if it suffers from some other defect–for example, as compared to its value, it will take too long to present or risks enflaming the judge, as might be the case with graphic pictures of a murder victim..
  • Reasons for inadmissibility of evidence  In addition, in criminal cases, evidence that is gathered using illegal methods is commonly ruled inadmissible.
  • Relevency Of Evidence. Evidence is deemed relevant if it has a tendency to make a fact more or less probable than it would be without the addition of the offered evidence. All relevant evidence is admissible--unless a special exclusionary rule applies or the court determines the probative value is substantially outweighed by pragmatic considerations such as unfair prejudice or undue delay. Evidence that is not relevant is inadmissible..
  • Kinds Of Evidence  Direct Evidence. Direct evidence is testimony or other evidence that expressly proves the existence of a fact or proposition. In other words, direct evidence does not require the hearer to infer or deduce a conclusion..
  • Kinds Of Evidence  Circumstantial Evidence. Circumstantial evidence, also called indirect evidence, is the opposite of direct evidence. With circumstantial evidence, a fact is being presented to logically infer another fact. Examples of circumstantial evidence include fibers, fluids and other physical objects..
  • Kinds Of Evidence  Forensic Evidence. Forensic evidence includes.  Physical Evidence  Biological Evidece  Trace Evidence  Drug Evidence.
  • Kinds Of Evidence  Hearsay Evidence . Hearsay is any out-of-court statement being offered in court to prove the truth of the matter asserted. As a general rule, hearsay is prohibited..
  • Kinds Of Evidence  Hearsay Evidence . Exceptions Of Hearsay Evidence Law of evidence provides for numerous exceptions to the rule, however, including statements made by a defendant, statements made as a dying declaration or to receive medical help, and statements pertaining to the speakers state of mind..
  • Kinds Of Evidence  Documentary Evidence . Documentary evidence is often a kind of real evidence. When a document is used this way it is authenticated the same way as any other real evidence--by a witness who identifies it or, less commonly, by witnesses who establish a chain of custody for it.
  • Kinds Of Evidence  Electronic Evidence . As of the provisions of Article 164 Of QSO. In such cases as the Court may consider appropriate, the Court may allow to be produced any evidence that may have become available because of modern devices or techniques.
  • Test Of Evidence  Whether a fit case for prosecution. The prosecutor in the first instance has to apply this test to the available evidence on file that whether it is a fit Case for prosecution or not?.
  • Test Of Evidence  Realistic Prospect Of Conviction. The most important and the rudimentary test while assessing the evidential value of a case shall be whether it is a case fit for prosecution. And whether there is realistic prospect of conviction in this case..
  • Test Of Evidence  Public Interest Test.  Where there is a realistic prospect of conviction, the prosecutor is required to consider whether it is in accordance with public interest to prosecute - the Public Interest test. All prosecutions are in public interest unless there are factors in existence that require a prosecution may not be made. Only where both tests are satisfied will the prosecutor decide to prosecute.
  • Test Of Evidence  Public Interest Test.  In terrorism cases. In terrorism cases the scope of the prosecution is always vast as these relate to public interest..
  • Test Of Evidence  Public Interest Test.  Public interest factors.  In considering public interest factors it is not simply a matter of adding up the number of factors for and against each side and seeing which side has the greater number. Each case must be considered on its own facts and on its own merits. Prosecutors must assess the overall impact of the public interest factors upon the decision and the case. It may be possible that only one factor may outweigh all other factors put togather..
  • Test Of Evidence  Instances Of Public Interest Factors In Favour Of Prosecution  Seriousness of offence; an offence is serious if it involves a substantial unlawful gain or substantial loss to some person.  The offence involves breach of trust by a person holding money or property in trust for a child or a vulnerable person or in relation to a charity.  The offence involves the inflicting of an intentional debilitating injury to a person.  The offence is planned or is the outcome of a concerted and coordinated activity.  Offence committed by a group.  The offence is against a vulnerable person.  The offence was committed against a public servant while acting in the discharge of his duties.  An offence is the outcome of hatred on account of race, caste, religion or sect..
  • Test Of Evidence  Instances Of Public Interest Factors In Favour Of Prosecution  The accused has previous convictions of the same or serious nature.  The accused has committed the offence while on bail or on probation.  The offence causes a public nuisance, restricts use of public health or morals.  The offence includes an element of corruption or misappropriation of public money.  There is a likelihood of recurrence of offence.  The offence involves a terrorist act..
  • Test Of Evidence  Instances Of Public Interest Factors against Prosecution  The sentence to be imposed is likely to be minor.  The offence carries a small punishment and is not likely to be repeated.  The accused is an elderly and infirm person.  Before or during the trial the accused is suffering from a significantly seriously mental or physical illness.  The victim or the witnesses would be subjected to risk of serious physical or mental trauma if the case is allowed to proceed.  The loss or harm caused by the offence is slight and was a result of single incident or it was caused by an error of judgment or genuine mistake.  The loss or harm caused by the offence is slight and was a result of single incident or it was caused by an error of judgment or genuine mistake.  The offence is a result of a misunderstanding of the law and the offender has not obtained any advantage from the act..
  • Test Of Evidence  Instances Of Public Interest Factors against Prosecution  There is a long passage of time between the time of occurrence of offence and date of trial unless the offence is serious, or the delay is attributable to the accused or the offence has recently come to light, or the investigation is complex and the delay is justified due to complexity of the case.  The offender has cooperated in the investigation and is ready to undo the effects of his action.  The offence has been lawfully compounded or may be compounded.  The offence is not of a serious nature and has occurred as a result of grave provocation.
  • Test Of Evidence  Following Factor Must Not Be Considered While Assessing Public Interest.  The possible political consequences of the exercise of the discretion;  The prosecutor’s personal feelings concerning the alleged offender or victim, if this be the case the prosecutor should withdraw himself from the charge of the case.
  • Thank You.