The single purpose of cross-examination is not only to get the truth from the accused or witnesses but to decipher statements that align, against those that appear suspicious and do not match up with other evidence available to that case.
It cannot be concluded that in every instance of a contradictory statement that the witnesses or the accused is lying. Taking into consideration the complexity of each case, certain questions put forward by the defense and prosecution during cross-examination will be heard or construed differently by the person on the stand under oath.
A witness is at a greater disadvantage to the lawyer as they approach the stand. The witnesses are not aware of documents they cross-examiner may have which directly impacts on the statement they presented. There is no preparation given to a witness. A statement is made and signed and read out again by the witness in front of the court. It is necessary that witnesses are given recognition for their ability to show their account, regardless of whether they contradict a certain event happening.
In these situations, however, the opposing side take it upon themselves to highlight any contradictory statement made regardless of the sincerity behind it, to induce the jury to see that a witness is lying, therefore, their story so far is imperfect. The defendant enters the court followed by the misconception by the jury that they are guilty of the crime before they are given the opportunity to defend themselves.
Straight contradiction implies to the court that when the accused speaks falsely about a certain point, they are speaking falsely about all points they have raised. Implications arise here as it could be perceived by the jury that the accused is self-incriminating themselves by contradicting earlier statements. Irrespective of whether the story matches other evidence presented and highlights to the jury that the defendant is innocent, a contradictory statement prompts negative reviews from the jury about that person's ability to tell the truth, the whole truth and nothing but the truth.
Self-contradiction can be brought out by the skills used in cross-examination or from the accused's statements previously made. Statements and evidence used against the defendant create panic and can result in them then self-contradicting points they have made to explain or justify why whatever has been presented does match.
As abovementioned throughout the article, contradictory statements signify to the jury who is possibly telling the truth and who is lying allowing them to reach a valid conclusion based on what they have heard on whether the accused is guilty or not. It seems that a contradictory statement can easily be made in court and will damage the credibility of the information put forward by the accused or the witnesses.
Unfortunately, the jury does not take these statements lightly which may result in serious impacts to the case. As abovementioned in the legal definition of a contradictory statement, the information provided by the defendant or witnesses must be inconsistent with previous.
The wording of inconsistent rather the use of different provides uncertainty as a mere mistake made of such an exact time something happened or the exact coloring of clothing the defendant was wearing may only be a slightly variable to what evidence or other statements display. The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
All Rights Reserved. Stem Match all exact any words. There is contradictory evidence concerning these relationships. Individuals can attend to evidence that supports their desires and neglect contradictory evidence. In fact, there is contradictory evidence.
Englishtainment upload. This presumption applies to the extent that the supplier does not have contradictory evidence. Answer: B His stomach rumbled like an approaching train. A simile is a figure of speech that compares two different things in an interesting way. An example of a simile is: She is as innocent as an angel. An example of a metaphor is: She is an angel. While both similes and metaphors are used to make comparisons, the difference between similes and metaphors comes down to a word.
While these figures of speech are used to compare different things, here are some clear rules to help you distinguish between metaphor, simile, and analogy. A simile is saying something is like something else.
A metaphor is often poetically saying something is something else. A simile is a type of metaphor. Her eyes shone like diamonds. She slept like a log.
The airplane soared like an eagle. Begin typing your search term above and press enter to search. Press ESC to cancel. Skip to content Home Term Paper What is contradictory evidence? Term Paper. The offender may not have the record suspended where the offender was 1 convicted of 3 or more offences with a maximum penalty of life, and 2 for each 3 offences he "was sentenced to imprisonment for two years or more".
From Criminal Law Notebook. This page was last substantively updated or reviewed January Witness giving contradictory evidence 1 Every one who, being a witness in a judicial proceeding, gives evidence with respect to any matter of fact or knowledge and who subsequently, in a judicial proceeding, gives evidence that is contrary to his previous evidence is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years, whether or not the prior or later evidence or either is true, but no person shall be convicted under this section unless the court, judge or provincial court judge, as the case may be, is satisfied beyond a reasonable doubt that the accused, in giving evidence in either of the judicial proceedings, intended to mislead.
Evidence in specific cases 1. Proof of former trial 2. Consent required 3 No proceedings shall be instituted under this section without the consent of the Attorney General. C , c. Navigation menu Personal tools. Namespaces Page Discussion.
Views Read View source View history. Peter Dostal. Court Sup. Preliminary inquiry also available.
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