Evidence Law Assignment Questions and Analysis

Question 1: Forms and Types of Evidence

Assignment Questions
Answer the following questions in complete sentences. Where applicable, cite any relevant case law discussed in class or in the textbook. FOCUS ON THE ANALYSIS – apply any rules of evidence to the fact scenario and explain your answer.
1.    Refer to Chapter 13 of the textbook for forms of evidence. Read the definition of each form of evidence. Identify three (3) items of evidence from the fact scenario that the Crown will be relying on at Emma Miller’s trial AND identify which form of evidence each item falls under. You must provide one example for EACH form of evidence mentioned in Chapter 132.    Which section of the Charter relates to the actions of the police in taking the box of tickets from the accused’s storage cage? Which type of privacy interest is involved? Did the police breach the accused’s rights by taking this item? Explain your answer in detail by considering:
a)    Was there a reasonable expectation of privacy for this item? 
b)    Was the search of this item conducted reasonably?
Your answer should reference relevant case law and tests discussed in class and in the textbook.
                                            (8 marks)
3.    The Crown wishes to introduce details of the charges that Emma Miller was convicted of two years ago. What type of evidence is this? Should this evidence beadmissible?  Why or why not? Explain your answer with reference to the test/criteria discussed in class.            (8 marks)

4.    Dr. Irwin Inkhead has 14 years of experience as an expert in forensic ink analysis with the Ontario Provincial Police. He has a Ph.D. in forensic science and did a special two-year apprenticeship in a forensic laboratory. His area of expertise is in ink and paper analysis, and questioned documents examination. He lectures students at the police academy about matching types of ink in forged documents. The Crown wishes to call him as an expert to testify about the authenticity of the tickets found in the box in the accused’s storage cage, and whether there is a match between the ink from the tickets and the ink from the U of T marketing lab laser printers (to prove that the fake tickets were printed in the lab). Should the Crown be permitted to introduce Dr. Inkhead as an expert? Should Dr. Inkhead be permitted to testify on these areas? Explain your answer with specific reference to the relevant case law and test discussed in the textbook.        (10 marks)

Question 2: Charter Section on Police Action

5.    Shelley Shrink has been served with a subpoena to testify as a witness at the accused’s trial. The Crown intends to ask Shelley Shrink about the accused’s financial situation leading up to the alleged offence, and what impact this had on the accused’s emotional state. If you were Emma’s defence paralegal, on what legal basis would you argue that she should NOT be allowed to testify for the Crown. Explain your answer with reference to any relevant criteria discussed in class and in the textbook.                                        (10 marks)

Assignment Questions
Answer the following questions in complete sentences. Where applicable, cite any relevant case law discussed in class or in the textbook. FOCUS ON THE ANALYSIS – apply any rules of evidence to the fact scenario and explain your answer.
1.    Refer to Chapter 13 of the textbook for forms of evidence. Read the definition of each form of evidence. Identify three (3) items of evidence from the fact scenario that the Crown will be relying on at Emma Miller’s trial AND identify which form of evidence each item falls under. You must provide one example for EACH form of evidence mentioned in Chapter 132.    Which section of the Charter relates to the actions of the police in taking the box of tickets from the accused’s storage cage? Which type of privacy interest is involved? Did the police breach the accused’s rights by taking this item? Explain your answer in detail by considering:
a)    Was there a reasonable expectation of privacy for this item? 
b)    Was the search of this item conducted reasonably?
Your answer should reference relevant case law and tests discussed in class and in the textbook.
                                            (8 marks)
3.    The Crown wishes to introduce details of the charges that Emma Miller was convicted of two years ago. What type of evidence is this? Should this evidence beadmissible?  Why or why not? Explain your answer with reference to the test/criteria discussed in class.            (8 marks)

4.    Dr. Irwin Inkhead has 14 years of experience as an expert in forensic ink analysis with the Ontario Provincial Police. He has a Ph.D. in forensic science and did a special two-year apprenticeship in a forensic laboratory. His area of expertise is in ink and paper analysis, and questioned documents examination. He lectures students at the police academy about matching types of ink in forged documents. The Crown wishes to call him as an expert to testify about the authenticity of the tickets found in the box in the accused’s storage cage, and whether there is a match between the ink from the tickets and the ink from the U of T marketing lab laser printers (to prove that the fake tickets were printed in the lab). Should the Crown be permitted to introduce Dr. Inkhead as an expert? Should Dr. Inkhead be permitted to testify on these areas? Explain your answer with specific reference to the relevant case law and test discussed in the textbook.        (10 marks)

5.    Shelley Shrink has been served with a subpoena to testify as a witness at the accused’s trial. The Crown intends to ask Shelley Shrink about the accused’s financial situation leading up to the alleged offence, and what impact this had on the accused’s emotional state. If you were Emma’s defence paralegal, on what legal basis would you argue that she should NOT be allowed to testify for the Crown. Explain your answer with reference to any relevant criteria discussed in class and in the textbook.                                        (10 marks)