Forensic Science and the Law

Question 1

Trier-of-Fact:

Answer 1

The party that makes the decision

Question 2

Bench Trial:

Answer 2

Trial where the trier-of-fact is the judge.

Question 3

Jury Trial:

Answer 3

: Trial where the trier-of-fact is the jury.

Question 4

Voir Dire

Answer 4

means a “trial within a trial”. It is a hearing to determine the admissibility of certain evidence (or the competency of a witness).

Question 5

Canada - R v MOHAN (1994)

Answer 5

Leading Supreme Court of Canada decision on the use of experts in trial testimony

Question 6

R v Mohan outlines 4 criteria for the admissibility of evidence:

Answer 6

1. Relevance (probative value cannot be outweighed by prejudicial effect)
2. Necessity in assisting the trier-of-fact (means that ordinary people are unlikely to form a correct judgment/opinion of the information, if they are not assisted by persons with special knowledge such as a forensic scientist)
3. Absence of any exclusionary rule
4. A properly qualified expert

Question 7

Laboratory Reports

Answer 7

1. Every case examined in a forensic lab culminates in a scientific report
2. Laboratory reports are an example of hearsay
3. Reports not admissible on their own unless both sides agree
4. Author (scientist) often called to authenticate and explain

Question 8

Two types of witness:

Answer 8

Lay (non-expert) witness

Expert witness