Reliability is also considered as part of the elements which are used in determining the weight of the evidence by the fact finders.
Reliability will take the step further from credibility. Reliability will focus on the accuracy of the truthful statement made by the witness. Honest and sincere witness may give an inaccurate evidence / mistaken evidence. The mistaken evidence may relate for instance due to poor eyesight.
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Credibility is used as a part of the elements which are considered in determining the weight of the evidence by the fact finders.
Credibility focuses on the testimony of the witness. Credibility will focus on the extent to which the statement made by the witness can be accepted as a truthful evidence based on the sincere and honest testimony. The weight of evidence is the strength of the evidence intended to prove the facts or fact in issue.
In civil cases, the trial judge will deal with the issue of facts and law. in criminal cases, the questions of fact depend on the type of cases being tried either it is tried summarily or on indictment. In any cases tried on indictment, the jury will be the tribunal of fact.The tribunal of fact is also known as fact finder. In any cases tried summarily, the magistrate will deal with the questions of fact and law. The legal clerk will provide guidance and support to the lay magistrate in relation to the matter related to the questions of law Prejudicial effect is the potential of the evidence to cause the court to be prejudiced against the accused. As a result, the court will make the finding of fact against the accused for reason not associated with true probative value of the evidence.
The probative value linked to the weight of the evidence. Besides exclusionary rules, there are also discretionary discretion.
In terms of exclusionary discretion, the trial judges in criminal trial may exclude evidence from the prosecution which is relevant and admissible ( with the condition that it is not excluded by the exclusionary rule). The discretion is conferred on the judge by s78 of the PACE Act 1984 and common law. The purpose of the statutory discretion by s78 of the PACE Act 1984 is to prevent any admission of the relevant evidence from affecting adversely the fairness of the proceeding. The purpose of the common law discretion is to prevent the prejudicial consequences which outweigh the probative value. As a result, the evidence is excluded. The discretion to exclude evidence is applicable only to particular circumstances. Admissibility is one of the concept of evidence.
Admissibility is the questions of law which is decide by the judges. Admissible evidence means that the evidence can be properly admitted / received by the court in term of law. Before establishing admissibility, the evidence must be relevant. Irrelevant evidence is associated with inadmissible evidence. As as conclusion, evidence must be relevant to be admissible. However, certain rules of law of evidence will impose prohibition / restriction to the reception of certain type of evidence which is relevant. This action falls under the exclusionary rules. Exclusionary rules focus on the attempt made to exclude evidence based on the court consideration. For instance, in the case of rule against hearsay. In this case, the court prohibit the reception of evidence based on the statement made by another person on another occasion and the purpose of adducing such evidence is to persuade the court to accept the truth of the statement made. Relevant is an important concept to be associated with evidence in order for the evidence / information to be accepted by the court.
Relevant indicates that the evidence myst have a relation or connection with the questions of fact to be proved. Relevant may also lead to the point that existence of the fact is more probable. For instance in the case of thief, the question of fact may include the identification of the person who stole certain goods. Evidence / information that shows the goods were found in the house of accused is considered relevant as it answered and make the questions of fact that he is the thief to be more probable. The law of evidence is rich with concepts and terminology which are important in understanding the topic in detail. The most common concepts are relevancy, admissibility, exclusionary rules, exclusionary discretion and the weight of the evidence which depends on the credibility and reliability.
The law of evidence generally concerned with pre trial and trial stages.
In pre trial stage, the law of evidence is focused on the collection of evidence. In trial stage, the law of evidence is directed on the presentation and used of the evidence. For instance, the Police and Criminal Evidence Act ( PACE) 1984 and its Codes of Practice are concerned with the set of rules of the police's conduct in obtaining evidence related to the commission of an offence. Any issue of non compliacne with the PACE Act (1984) and its Code of Practice will affect the reception of evidence during trial. The objective of the law of evidence is to determine the truth of the questions of fact.
The questions of fact usually depending on the duties and substantive legal rights of the inquirer. Any issues regarding the questions of fact will draw the attention of inquirers from relevant legal process. These inquirers will be collecting and evaluating evidence. Fir instance in criminal case, the decision regarding the questions of the guilt of the suspect must be made by the police an prosecutor at an early stages depending on the evidence available to them. The court or tribunal will e the ultimate inquirer in determining the legal dispute. If the proceedings reaches the trial stage, it is the law of evidence which will regulate the process of proof in the trial. |
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