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EVIDENCE, 11 - CORROBORATION

NCJ Number
37770
Author(s)
ANON
Date Published
1974
Length
38 pages
Annotation
PART OF THE EVIDENCE PROJECT OF LAW REFORM COMMISSION OF CANADA, THIS PAPER REVIEWS THE LAW WITH RESPECT TO THE TESTIMONY OF ACCOMPLICES, VICTIMS IN SEX CASES, CHILDREN, AND THE REQUIREMENTS OF CORROBORATION FOR THREE OFFENSES.
Abstract
THESE OFFENSES ARE PERJURY, TREASON, AND FORGERY. ONE OF THE MAJOR PROBLEMS WITH THE CORROBORATIVE TESTIMONY REQUIREMENT IS THE TYPES OF OFFENSE THAT ARE AFFECTED BY IT. WHY SHOULD A MAN BE ABLE TO BE CONVICTED OF MURDER ON THE BASIS OF UNCORROBORATED TESTIMONY WHEN HE CANNOT BE CONVICTED OF FORGERY ON SUCH EVIDENCE? ANOTHER PROBLEM IS THAT THE CORROBORATION RULE TAKES INFORMATION AWAY FROM THE JURORS, WHO ARE PROBABLY ABLE TO EVALUATE THE TRUTH OF TESTIMONY AND DETERMINE FOR THEMSELVES WHETHER OR NOT EACH WITNESS IS COMPETENT. SEE ALSO NCJ-37866, 69, AND NCJ-37871. --IN ENGLISH AND FRENCH

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