SILENCE: THE EFFECT ON AN ACCUSATION
DOI link for SILENCE: THE EFFECT ON AN ACCUSATION
SILENCE: THE EFFECT ON AN ACCUSATION book
This chapter introduces the different types of opinion evidence through a discussion of how the law developed. It explores expert and non-expert opinion evidence through case and hypothetical examples. The chapter outlines who qualifies as an expert through a discussion of the criterion and the rationale under which it developed. It highlights the status of opinion evidence in the criminal and civil cases through a discussion of case examples. The chapter discusses real and documentary evidence through a discussion of its classification, and describes the forms of documentary evidence, that is primary and secondary, through a discussion of their classification and hypothetical examples. The general rule is that witnesses should only give evidence of facts that they have perceived themselves without speculating, drawing conclusions and inferences or giving their opinion. In general terms, in criminal cases, an expert should only give their opinion in evidence on matters that are not directly in issue; this is known as the ultimate issue rule.