CRIM 330 Lecture Notes - Lecture 12: Miranda Warning, Reverse Onus, Spousal Privilege

• School: Simon Fraser University
• Department: Criminology
• Course: CRIM 330
• Professor: Graeme Bowbrick

Document Summary

Crim 330 - lecture 12 - evidence and its admissibility. Evidence is that which serves to prove/disprove something so proof is key word here. In any given criminal case, there are many things that need to be proven, with most important being essential elements of offence (if crown wishes to get conviction) In criminal law, most of time burden of proof rests w/ crown. Sometimes referred to as legal or ultimate burden. However on some issues, such as raising defence like provocation, burden rests upon accused Whoever making the claim must prove it. Crown has burden of proving guilt of accused, but if accused says they are not guilty, they are making assertion & they must prove. How well they can prove/how much evidence they can show to prove. For legal/ultimate burden, crown must adduce evidence proving case beyond a reasonable doubt . However, there are other standards of proof, depending upon the issue