FSCT 7002 Criminal Law 2: Legal Evidence
|School||School of Computing and Academic Studies|
|Program||Forensic Investigation (Digital Forensics & Cybersecurity)|
|Minimum Passing Grade||60%|
|Start Date||January 06, 2021|
|End Date||March 24, 2021|
Acknowledgement of Territories
The British Columbia Institute of Technology acknowledges that our campuses are located on the unceded traditional territories of the Coast Salish Nations of Sḵwx̱wú7mesh (Squamish), səl̓ilwətaɁɬ (Tsleil-Waututh), and xwməθkwəy̓əm (Musqueam).
|Instructor to provide|
|Office Hours||Instructor to provide|
Forensic evidence is subject to all the general rules related to the admissibility of evidence in the criminal trial process and is also subject to certain unique rules of scrutiny. This course examines the fundamental laws of evidence within the adversarial process and provides a context for the expert in their role as witness.
Course Learning Outcomes/Competencies
Upon successful completion of this course, the student will be able to:
- Compare the respective roles of Crown Counsel, Defence Counsel and the trial judge in the Canadian adversarial system.
- Outline the rights of accused in Canadian law and discuss the key underlying principles.
- Outline the principles of: what constitutes evidence, who can call evidence, who can give evidence, and how evidence is introduced in a criminal trial.
- Assess basic principles of evidence including: relevance, materiality, admissibility, discretion, competence, compellability, capacity, skill, means, motive, hearsay, and Identification evidence.
- Categorize and assess features of real and demonstrative evidence, circumstantial evidence and opinion evidence.
- Outline general principles of expert opinion evidence.
- Evaluate key factors and issues involved in publication of courtroom proceedings (Bans on Publication).
- Outline evidentiary considerations brought about by the Canadian Charter of Rights and Freedoms including through the use of search warrants.
- Outline the general principles regarding statements made by accused persons and the procedural path to having those statements admitted as evidence (voir dire).
Lecture, class discussion, handouts and online open source resources.
Any student who needs special assistance in the event of a medical emergency or building evacuation (either because of a disability or for any other reason) should promptly inform their course instructor(s) and Accessibility Services of their personal circumstances.
Human Rights, Harassment and Discrimination:
The BCIT community is made up of individuals from every ability, background, experience and identity, each contributing uniquely to the richness and diversity of the BCIT community as a whole. In recognition of this, and the intrinsic value of our diversity, BCIT seeks to foster a climate of collaboration, understanding and mutual respect between all members of the community and ensure an inclusive accessible working and learning environment where everyone can succeed.
Respect, Diversity, and Inclusion is a supportive resource for both students and employees of BCIT, to foster a respectful learning and working environment. Any student who feels that they are experiencing discrimination or harassment (personal or human rights-related) can confidentially access this resource for advice and support. Please see Policy 7507 – Harassment and Discrimination and accompanying procedure.
Students should make themselves aware of additional Education, Administration, Safety and other BCIT policies listed at https://www.bcit.ca/about/administration/policies.shtml
Guidelines for School of Computing and Academic Studies
Students must successfully complete a course within a maximum of three (3) attempts at the course. Students with two attempts in a single course will be allowed to repeat the course only upon special written permission from the Associate Dean. Students who have not successfully completed a course within three attempts will not be eligible to graduate from their respective program.
I verify that the content of this course outline is current.
Brent Bagnall, Instructor
December 31, 2020
I verify that this course outline has been reviewed.
David McKay, FSA PTS Administration-122120
January 08, 2021
I verify that this course outline has been reviewed and complies with BCIT policy.
Jennifer Talman, Associate Dean
January 08, 2021
Note: Should changes be required to the content of this course outline, students will be given reasonable notice.