• Direct Evidence: the testimony of witnesses who actually saw the offence being committed
  • Circumstantial Evidence: indirect evidence; indicates that it is highly probable that the accused is the only one who could have committed the crime
  • Similar Fact Evidence: shows that the accused has committed similar offences in the past
  • Hearsay Evidence: something that someone other than the witness has said or written
    • Generally inadmissible (not allowed)
    • No cross examination of this evidence as the witness cannot testify as to its truth
  • Opinion Evidence:  what an expert thinks about facts in a case
  • Photographs, Videos & Tape Recordings:
    • Photos are allowed only to give an accurate representation of a scene of a crime
    • Video/Audio tape is admissible if the person had no reasonable expectation of privacy
  • Electronic Devices and Video Surveillance
    • Will be admitted only if Criminal Code procedures have been followed
    • Devices cannot be used to intercept private conversations unless authorized by court order or one of the parties in the conversation has consented
    • Exceptions for emergency situations
  • Polygraph Evidence
    • Supreme Court of Canada has ruled that polygraph tests (lie detectors) are hearsay and therefore inadmissible as evidence

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Overview of Evidence Used in Criminal Trials

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