Evidence: Rule 128 General Provisions #law #legal #criminology

Summary

The video discusses the critical role of evidence in criminology, emphasizing its importance for securing convictions in court. It highlights that not all evidence is admissible, focusing on the 2019 Revised Rules on Evidence, which guide the admissibility and relevance of various evidence types. Key concepts like factum probandum and factum probans are defined, illustrating how evidence must be relevant and competent. The presentation outlines that the judge's discretion plays a significant role in determining relevance, and collateral matters, such as motive or reputation, are generally not permitted unless they significantly impact the case.

Takeaways

• 📚 Understanding evidence is crucial for criminology students as it plays a key role in securing justice.
• 🔍 Evidence is defined as the means of asserting truth in judicial proceedings, governed by specific rules.
• ⚖️ Different types of evidence include object, documentary, and testimonial evidence, each with unique roles in court.
• 📝 The 2019 revised rules on evidence serve as the primary resource for understanding admissibility in court.
• 📊 The terms factum probandum (proposition to be established) and factum probans (evidence supporting the proposition) are fundamental concepts in evidence law.
• 🔗 Admissibility of evidence requires it to be relevant and competent, meaning it is not excluded by laws or rules.
• 🧩 Relevant evidence must have a logical relationship to the fact at issue and should induce belief in its existence or non-existence.
• 👨‍⚖️ The determination of whether evidence is relevant often lies at the discretion of the court, based on logical reasoning and experience.
• 💡 Evidence related to collateral matters, such as motive or reputation, is generally limited in admissibility.
• 📖 Understanding the revised rules on evidence will enhance the efficiency of criminologists and investigators in their duties.

Q & A

What is the primary focus of the evidence subject discussed in the transcript?

The primary focus is on understanding the importance of evidence in securing convictions in court as part of criminology.

What types of evidence are mentioned as being critical in court?

The types of evidence mentioned include object evidence, documentary evidence, and testimonial evidence.

Why is it important to determine if evidence is admissible in court?

Determining if evidence is admissible is crucial because not all relevant evidence can be accepted by the court; only admissible evidence can help secure a conviction.

What is the significance of the 2019 revised rules on evidence?

The 2019 revised rules on evidence provide the primary framework for understanding which types of evidence can be presented and accepted in court.

How does the definition of evidence differ in a legal context?

In a legal context, evidence is defined as means sanctioned by rules to assert the truth of a fact in judicial proceedings.

What are the two basic concepts related to evidence mentioned in the transcript?

The two basic concepts are 'factum probandum,' which is the proposition to be established, and 'factum probans,' which is the material evidence supporting that proposition.

What are the criteria for evidence to be considered admissible in court?

For evidence to be admissible, it must be relevant to the issue at hand and not excluded by the constitution, law, or the rules of evidence.

What does it mean when evidence is admitted or not admitted by the court?

When evidence is admitted, it means the judge will consider it in determining the truth of a proposition; if not admitted, it will not be considered at all.

How is the relevance of evidence determined according to the transcript?

Relevance is determined based on whether the evidence induces belief in the existence or non-existence of a fact in issue, relying on logic and everyday experience.

What are collateral matters, and when can evidence on them be allowed?

Collateral matters refer to aspects such as motive or reputation, and evidence on these can be allowed if it helps establish the probability or improbability of the fact in issue.