Hello there, ladies and gentlemen!
I want to apologise in advance for, what I assume, are some very inane questions about the treatment of certain pieces of evidence in Common Law (specifically English Law, though information about other countries are most welcome), which I do not know terribly well, as I'm Austrian:
I'm currently writing a story that features a couple of scene from a trial for a murder that happened many decades ago:
Here, the prosecutor tries to enter an exhibit which, as it turns out, is actually a written compilation of other people's eyewitness accounts of that particular crime. It's very detailed and it features some very damning evidence that points to the defendant's culpability, but the people that have issued the testimonies are all already dead, and therefore cannot be brought in for a live examination.
- How would such a piece of evidence be treated by the judge(s) and by the defence?
- Under what circumstances might it be considered more than just worthless hearsay (perhaps concerning the person who compiled it in the first place)?
- What can the prosecutor do to lend it more credibility?
- Lastly, would the defence attorney get the chance in the courtroom to inquire more about that piece of evidence?
- - Will he also get the chance to try and discredit it (in the courtroom)?
As always, thanks in advance!
I want to apologise in advance for, what I assume, are some very inane questions about the treatment of certain pieces of evidence in Common Law (specifically English Law, though information about other countries are most welcome), which I do not know terribly well, as I'm Austrian:
I'm currently writing a story that features a couple of scene from a trial for a murder that happened many decades ago:
Here, the prosecutor tries to enter an exhibit which, as it turns out, is actually a written compilation of other people's eyewitness accounts of that particular crime. It's very detailed and it features some very damning evidence that points to the defendant's culpability, but the people that have issued the testimonies are all already dead, and therefore cannot be brought in for a live examination.
- How would such a piece of evidence be treated by the judge(s) and by the defence?
- Under what circumstances might it be considered more than just worthless hearsay (perhaps concerning the person who compiled it in the first place)?
- What can the prosecutor do to lend it more credibility?
- Lastly, would the defence attorney get the chance in the courtroom to inquire more about that piece of evidence?
- - Will he also get the chance to try and discredit it (in the courtroom)?
As always, thanks in advance!
Last edited: