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Debate: The Judicial Procedures, Sentencing and Evidence Act (2014); Article XI
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Topic Started: 9th June 2014 - 12:45 PM (238 Views)
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Elpidia
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9th June 2014 - 12:45 PM
Post #1
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The Rt. Hon.
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As per Achkaerin's suggestion, due to the length of this bill, debate will be split into several threads. The entire bill shall be up for debate until at least 6/12/14.
- Quote:
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Article Eleven Evidence
(85) The following shall be the process for questioning witnesses.
i. Examining in Chief - Meaning the counsel that has called the witness:- a. May not generally ask leading questions. ii. Cross Examining - Meaning the opposing counsel is questioning the witness:- a. May ask leading questions. b. May ask questions about the character of the witness. (see section 90) iii. Re-examination - Meaning the counsel that has called the witness is able to clarify any information behind leading questions. a. Is confined only to the matters raised in Cross Examination. b. Leading questions are not allowed.
(86) The witness may not be expected to answer a question (and the Judge should remind them of this) if: i. It may incriminate the witness. ii. Disclose information discussed between witness and counsel for the purpose of obtaining advice.
(87) Hearsay evidence, whereby the witness hears someone else say they know something is generally inadmissible as evidence unless the original witness can be questioned or has been questioned and established as a fact in the case.
(88) Witnesses may only give factual evidence; they may not give an opinion unless it is a means of conveying relevant facts as observed by the witness. i. For instance if a witness saw someone else being threatened, they may express that in their opinion the claimant was ''frightened''. Even if that may not be the testimony of the claimant.
(89) Expert opinion is admissible by the court when the court deems that an expert opinion is necessary.
(90) The Defendant may not generally be asked about any previous convictions or prosecutions they have on their record however should the Defence seek to bring into doubt the character of a witness then the Prosecution may make an application under this section to introduce evidence of the Defendant’s previous convictions and prosecutions.
(91) At the Judges discretion witnesses may give evidence by means of a formal statement but reasons for this must be made known to the Court by the witness in question. Since there will be no opportunity to question the witness sentencing will reflect that this occurred.
(92) Counsel may make an application to treat a witness as hostile- i.e the witness was supposed to be supporting their case and is actually harming it. This application must be made to the Judge since it brings about a more aggressive tone of questioning.
Evidence provided by documentation
(93) Documentation evidence shall include all of the following i. Forum posts ii. IRC comments iii. Personal Messages iv. Emails
(94) The content of documentation is open to interpretation by the Judge
(95) Any documentation evidence may be withdrawn at counsels request with the Judge's discretion. However this may affect sentencing since facts reliant on that evidence will fall.
(96) Hearsay evidence, whereby the witness hears someone else say they know something is generally inadmissible as evidence unless the original witness can be questioned or has been questioned and established as a fact in the case.
Real Evidence
(97) Where evidence is reproduced in court to demonstrate something. The Judge must agree to its admissibility.
Admissibility of Evidence
(98) Evidence should not be admissible if i. the evidence is not relevant ii. the evidence has not been documented and or collected according to proper procedure. iii. the evidence has no weight and/or is not strong enough to be considered evidence.
(99) Evidence is to be gathered by those authorized to do so by the Minister of Justice
(100) All evidence is to be disclosed to all other parties at the Pre-Trial stage introducing evidence not disclosed in this way will render it inadmissible
Late Evidence
(101) If evidence should be obtained during a trial for some reason (admin on an LOA for example) then an application to admit it may be made however this must include the reason why this evidence was not previously available.
(102) The opposing counsel will have the opportunity to challenge late evidence (103) If required then the case progress will be halted while a mini-hearing concerning admissibility of the late evidence is held (mini-hearings concern counsel and Judges only).
Edited by Elpidia, 9th June 2014 - 09:41 PM.
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Achkaerin
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9th June 2014 - 02:15 PM
Post #2
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- Elpidia
- 9th June 2014 - 12:45 PM
As per Achkaerin's suggestion, due to the length of this bill, debate will be split into several threads. The entire bill shall be up for vote until at least 6/12/14.
correct me if I'm wrong but shouldn't this read up for debate until at least 6/12/14? (the same applies across all these threads)
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Elpidia
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9th June 2014 - 09:41 PM
Post #3
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The Rt. Hon.
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Haha, yes, thank you.
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Elpidia
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20th June 2014 - 12:40 AM
Post #4
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The Rt. Hon.
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- Quote:
-
Evidence
(85) The following shall be the process for questioning witnesses.
i. Examining in Chief - Meaning the counsel that has called the witness:- a. May not generally ask leading questions. ii. Cross Examining - Meaning the opposing counsel is questioning the witness:- a. May ask leading questions. b. May ask questions about the character of the witness. (see section 90) iii. Re-examination - Meaning the counsel that has called the witness is able to clarify any information behind leading questions. a. Is confined only to the matters raised in Cross Examination. b. Leading questions are not allowed.
(86) The witness may not be expected to answer a question (and the Judge should remind them of this) if: i. It may incriminate the witness. ii. Disclose information discussed between witness and counsel for the purpose of obtaining advice.
(87) Hearsay evidence, whereby the witness hears someone else say they know something is generally inadmissible as evidence unless the original witness can be questioned or has been questioned and established as a fact in the case.
(88) Witnesses may only give factual evidence; they may not give an opinion unless it is a means of conveying relevant facts as observed by the witness. i. For instance if a witness saw someone else being threatened, they may express that in their opinion the claimant was ''frightened''. Even if that may not be the testimony of the claimant.
(89) Expert opinion is admissible by the court when the court deems that an expert opinion is necessary.
(90) The Defendant may not generally be asked about any previous convictions or prosecutions they have on their record however should the Defence seek to bring into doubt the character of a witness then the Prosecution may make an application under this section to introduce evidence of the Defendant’s previous convictions and prosecutions.
(91) At the Judge's discretion witnesses may give evidence by means of a formal statement but reasons for this must be made known to the Court by the witness in question. Since there will be no opportunity to question the witness sentencing will reflect that this occurred.
(92) Counsel may make an application to treat a witness as hostile- i.e the witness was supposed to be supporting their case and is actually harming it. This application must be made to the Judge since it brings about a more aggressive tone of questioning.
Evidence provided by documentation
(93) Documentation evidence shall include all of the following i. Forum posts ii. IRC comments iii. Personal Messages iv. Emails
(94) The content of documentation is open to interpretation by the Judge
(95) Any documentation evidence may be withdrawn at counsels request with the Judge's discretion. However this may affect sentencing since facts reliant on that evidence will fall.
Real Evidence
(96) Where evidence is reproduced in court to demonstrate something. The Judge must agree to its admissibility.
Admissibility of Evidence
(97) Evidence shall not be admissible if i. the evidence is not relevant ii. the evidence has not been documented and or collected according to proper procedure. iii. the evidence has no weight and/or is not strong enough to be considered evidence.
(98) Evidence is to be gathered by those authorized to do so by the Minister of Justice
(101) All evidence is to be disclosed to all other parties at the Pre-Trial stage introducing evidence not disclosed in this way will be rendered inadmissible
Late Evidence
(102) If evidence should be obtained during a trial for some reason then an application to admit it may be made however this must include the reason why this evidence was not previously available.
(103) The opposing counsel will have the opportunity to challenge late evidence
(104) If required then the case progress will be halted while a mini-hearing concerning admissibility of the late evidence is held (mini-hearings concern counsel and Judges only).
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