Law of Evidence

Topics: Jennifer Hudson, Murder, Jury Pages: 6 (1452 words) Published: September 11, 2012
Assignment: Law of Evidence

Question 1
The law of evidence aims to determine what material may be presented in court as evidence, by whom, in what manner and its probative value. Question 2
The onus of proof lies with the State to prove that the accused is guilty. Question 3
Real evidence is evidence in the form of objects or exhibits such as the murder weapon. Documentary evidence is evidence in the form of written documentary such as letters and contracts. Question 4

Evidential material is admissible when it is relevant and it has been obtained legally to ensure a fair trial for both parties. Question 5
The plaintiff
Question 6
The State
Question 7
On a balance of probabilities
Question 8
Beyond reasonable doubt
Question 9
The witness must give their own account of the facts. It is to examine the witness’s powers of observation and their commitment to tell the truth. Question 10
Leading questions and cautionary rule.
Question 11
Oral, documentary, real, direct and circumstantial evidence
Question 12
The relevance of the evidence. The evidence in most of these cases is unreliable and will prejudice the chances of a fair trial. Question 13
Strong logical and relevant link between facts of case and conduct. Action of defamation. Accused testifies about his own good character and trial on sentence in a criminal case. Question 14
It is applied to ascertain credibility and treat some types of evidence with caution and circumspection. Usually the evidence is unreliable but that does not make it inadmissible. Question 15
To single witnesses, children and previously to victims of sexual misconduct. Question 16
When evidence was obtained, but the constitutional rights of a person (persons) were violated in the process Question 17
Judicial notice is when the court accepts something as a fact because it is so well known that it would be unnecessary and absurd to require it to be proved. Question 18
Pregnancy in women lasts for more or less nine months, summer time in South Africa is during December, and the Constitution is the highest law in South Africa. Question 19
The rules of natural justice embrace the basic principles of any fair trial. It is based on hearing both sides of the story and ensures an unbiased hearing.

Article Attached on a Criminal Case
The Jennifer Hudson Family Murders
3 Family Members Shot to Death
By Charles Montaldo, Guide

William Balfour
Mug Shot
More Images (2)
On October 24, 2008, the bodies of Academy Award-winning actress Jennifer Hudson's mother and brother were found in the family's home on Chicago's South Side. Shot to death were Hudson's mother, Darnell Donerson, and her brother, Jason Hudson. Missing from the home was Julian King, the son of Jennifer's sister Julia Hudson. Three days later the body of 7-year-old Julian, Hudson's nephew, was found in a SUV parked on the West Side. He also had been shot. A .45-calibre gun found near the parked SUV was linked to all of the shooting deaths. Recent Developments

William Balfour Gets Life Sentence
July 24, 2012
Jennifer Hudson's former brother-in-law, convicted in May of shooting to death her mother, brother and 7-year-old nephew, has been given three life sentences plus 120 years in prison. Judge Charles Burns also denied William Balfour's motion for a new trial in the triple murder case. Balfour Guilty in Hudson Murders

May 11, 2012
An hour after telling the judge they were split, a Chicago jury returned guilty verdicts against the former brother-in-law of Jennifer Hudson for murdering three members of her family in 2008. William Balfour was found guilty of killing her mother, brother and 7-year-old nephew. Previous Developments

Balfour Asked Witness to Alibi Him
May 2, 2012
A witness in the Jennifer Hudson family murders trial said the accused killer asked her to provide him an alibi for the day of the shootings. Brittany Acoff Howard testified that William...
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