Law and Admin-Chapter 8

How the start of the trial process begins

-The jury is selected

-Any pre trial applications are heard

-The charges are read, and the plea is entered into the trial record

-The prosecution makes its opening statement

-The defense makes its opening statement

-The prosecution presents its evidence

-The defense presents its evidence

-The judge instructs the jury on how to apply the law

-The judge deliberates and delivers its verdict

-The judge listens to submissions from both sides and renders a sentence

Charging document

A written document, either an information or an indictment, that sets out the charges against the person accused of an offence

Information

A form of charging document used for less serious offences.

The five principles of a charging document

-Each count must relate to a single transaction

-Each count must change an offence known to law

-Each count must charge only one offence (duplicity rule)

-Each count must identify the act or omission alleged to be an offence

-Each count must identify the transaction

Evidentiary standard

The basic level of proof; an alleged fact meets the evidentiary standard when there is at least SOME evidence that the allegation is true

Civil Standard

Also known as proof on a balance of probabilities; this is the level of proof that a party must achieve in a civil trial to be successful

Criminal Standard

Also known as proof beyond a reasonable doubt; this is the level of proof required by the prosecution during a criminal trial in order to secure a successful conviction.

Passive defense

A defense in which the accused will simply try to create a reasonable doubt in the prosecution’s case against them.

Positive or Affirmative defense

A defense where the accused and their lawyers actively attempt to refute the evidence against them and may provide their own evidence to support their case.

Necessity Defense

A type of excuse defense, in which it asserts that the accused had no real opportunity to avoid breaking the law.

Challenge For Cause

The right of either party in a criminal jury trial to require that the prospective jurors be questioned about certain aspects of the offence or the accused that may result in bias on the part of the jurors

Trier of fact

The person or people who must decide what facts have been proven at a criminal trial (either the judge or the jury)

Jury

A group of 12 citizens who are chosen to act as the trier of fact in a criminal trial

Trier of law

The judge who interprets the law and applies it to the facts as found by the trier of fact at a criminal trial

Judge

A person with a legal background who is appointed by either the federal or provincial government to hear evidence in court and make decisions in court cases

Justice of the peace

A provincially appointed Judicial officer who deals with certain matters in a case, such as pre-trial court appearances, bail hearings, peace bonds, and certain warrant applications

Prosecution

The crown attorney or attorney’s who are given the task of proving that the accused is guilty

Defense

The person accused of an offence in a criminal trial and their lawyer(s)

Instructions

Directions given to the jury by the judge at the end of the trial advising it on how to apply the law to the facts of the case

Verdict

The decision as to the guilt or innocence of the accused

Count

A single charge on a charging document

Pre-enquete hearing

A hearing that is not open to the public

Limitation Period

A time limit by which a criminal charge must be laid

Transaction

A change of two or more criminal offences occurring within a short time period or involving the same complainant; offences are laid on one charging document

Act

(I swear to Christ you better know this ace) The actus reus or physical action of the offence

Insufficiency

A flaw in a charging document that causes it to fail to contain the required information to sustain the charge

Duplicity

A flaw in a charging document where a single count contains two or more alternative offences, which results in the accused not knowing which offence to defend himself against

Joinder

Where two or more charges or two or more accused persons are tried together in the same trial

Particulars

details of a count

Quash

Overthrow or void

Presumption of Innocence

The basis of criminal legal procedure and rules of evidence: The accused is considered innocent until proven guilty

Burden of proof

The requirement that a certain party prove a particular fact at a trial. Also known as Onus.

Directed verdict

An early verdict of acquittal based on the prosecutions failure to meet its standard of proof

Justification

A rare defense that negates the objective wrongfulness of an act, and exempts the accused from the application of the criminal code

Self-Defense

A defense that can be used against assault if the force used was no more than necessary to defend themselves

Consent

A defense that arises when the accused has an honest yet mistaken belief in the complainant’s agreement to an action

Excuse

The accused’s actions were wrong, but the defense claims that external or internal forces influenced the accused so that the mental element of the offence was not present.

Duress

A defense that allows the accused to be acquitted if they committed the offence under threat or immediate death or bodily harm

Automatism

Involuntary or unconscious behaviour

Mistake of fact

A defense to a criminal charge that involves the crown failing to prove the men’s rea of an offence

Mistake of law

A situation where someone commits an offence while being mistaken about the legal consequences

Entrapment

A situation where the police lure, draw, or entice a person into committing a crime

Alibi

A defense based on an allegation that the accused could not have committed the crime, because they were not at the scene when the crime occurred.