In criminal law it's up to the prosecution to supply evidence of a crime and prove the accused guilty beyond reasonable doubt.
That evidence can come from eye-witnesses to a crime, documents, articles found at the scene of a crime, or relevant circumstantial evidence. Circumstantial evidence is information that, on its own, doesn't really prove anything but coupled with other evidence may prove a fact. For example, if an accused person was in the area where a crime was committed, then it doesn't prove he committed the crime, only that he could have.
Basically, anything that might establish the guilt or innocence of the accused may be admitted as evidence, except for hearsay -- statements made out of court by someone ho isn't present to testify under oath at a trial. Generally, such statements aren't allowed in court, unless they are made by the accused. As long as it was free and voluntary, any statement of guilt by the accused may be introduced in court. However, no accused person can be forced to testify against himself. Privileged communications between lawyers and clients are excluded as evidence. And, evidence obtained in a manner that infringed or denied any rights or freedoms guaranteed by the Charter also is excluded if its admission would create an injustice.
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|Title Annotation:||types of evidence recognized by Canadian courts|
|Publication:||Canada and the World Backgrounder|
|Date:||Dec 1, 1995|
|Previous Article:||The facts, and nothing but the facts.|
|Next Article:||Finding the truth.|