law 12 - (third unit) court

stages of criminal trial (juries)

accused arraigned, jury selected, crown = opening statements, direct + cross examinations, reexaminations, then defence, closing statements

arraignment

when accused pleads not guilty

role of judge

addresses jurors, asks them to select foreperson, gives charge and recaps evidence for jury (and sentencing)

foreperson

selected by jury, guides votes/deliberations at the end of a trial

motion to dismiss

after crown presents their evidence, defence can ask to dismiss if burden of proof hasn't been met (unreliable witnesses)

what happens if judge agrees with the motion to dismiss?

judge gives a directed verdict of not guilty, otherwise, trial continues

leading questions

qs with a yes/no answer (ex: did you see them stab the bread 22 times)

when are leading questions disallowed?

when one side asks their own witnesses yes/no questions (ex: when crown examines witnesses/direct examination)

when are leading questions allowed?

when it's the opposite side asking (during cross examination)

recrossexamination

where a 4th line of questionning can be asked (rare)

who is the first to present opening statements, examine witnesses, direct examination, cross and reexamination

crown

who is the second to present opening statements, examine witnesses, direct examination, cross and reexamination

defence

cross examination

other sides asks their questions of the witness and can ask leading questions (to make a good point)

who is the first to give a closing summation/argument

defence (unless defence doesn't have witnesses, then its the crown)

who is the second to give a closing summation/argument

crown (unless defence doesn't have witnesses, then defence goes second)

role of jury

deliberates, foreperson returns with a verdict

do juries have to give reasons for charge?

no

rules of evidence

things that counsel can't ask/witnesses can't say (objections, ex: leading questions, hearsay arguments, irrelevant questions)

hearsay statements

info from 3rd party (not actual witness!)

irrelevant questions

question that has nothing to do with the matter at hand

types of evidence

direct/circumstantial evidence

direct evidence

eyewitness testimony (what a witness saw) or cctv/cameras

is direct evidence reliable?

not always (flawed)

circumstantial evidence

indirect evidence that leads to reasonable inference of guilt (forensic evidence)

empanelling

process of selecting 12 jurors for a trial

criteria for jury selection

must be canadian, adult, speak english/french, live there for a year, mentally fit

how is the list created for jury selection

created by voting list in area, then sherriff and selection committee pick 75-100

jury panel

the group of 75-100 people that a jury will be selected from

challenges to jury list

both sides can challenge the entire list (rare), succeeds if sherriff/selection committee are biased/willful misconduct during selection

challenges for cause

formal objection of a juror (doesn't meet provincial requirements), ex: not on list, biased (lawyers can ask abt racial views), doesn't speak language

how many challenges can be made for challenges for cause

unlimited

preemptory challenges

formal objection for a juror (no specific reason), limited number of challenges

jury duty (in trials)

jurors are sworn in, are informed of duties, can be discharged for a valid reason, may not be paid (but entitled to payment)

what are the duties of a jury (jury duty)

can't speak to anyone abt case, follow media, disclose info from jury discussions

hung jury

when a jury can't unanimously agree on a verdict after extended deliberation (mistrial happens)

clerk

takes notes during trial, swears in jury/witnesses, introduces exhibits, assists judge

sherriff

transports prisoners, ensures safety of everyone in the courtroom, serves court documents

sentencing purposes

considerations, rehabilitation, denouncing unlawful conduct, deterrence, preparations, separation (crudps)

4 sentencing objectives

restitution, rehabilitation, deterrence, separation (rrds)

denouncing unlawful conduct

condemning crime from society's viewpoint, judge considers character/past behavior

retribution

giving someone just punishment (what they deserve/just because), not a sentencing objective

separation

purpose of sentencing is to separate offenders from society

deterrence

specific deterence = sentencing deters offender from reoffending, general deference = deter others from committing crime

rehabilitation

sentencing most resocialize/prepare offenders for reentry to society, must have them in better situation/support, reduce recidivism

recidivism

repeat criminal actions

reparations

repayment for harm done to victims/community, provides alternative to prison, must reflect harm done

considerations

severity of punishment must reflect crime, mitigating circumstances, aggravating circumstances

mitigating circumstances

facts/details that lessen responsibility of offender (punishment is less severe)

aggravating circumstances

facts/details that increase responsibility of offender (punishment is more severe)

types of evidence

privilege communication, character evidence, hearsay evidence, polygraph evidence, illegally obtained evidence, electronic devices and surveillance, confessions, opinion evidence, similar fact evidence

privileged communication

confidential info that can't be presented as evidence

character evidence

character traits showing likelihood of someone to commit crime

hearsay evidence

info not coming from personal experience (from a third party)

polygraph evidence

someone asks questions while a machine detects using pulse/blood pressure whether they're truthful

is polygraph evidence admissible in court?

no (considered hearsay)

illegally obtained evidence

judge must decide whether admitting evidence would hurt the reputation of the law (depending on case)

when can electronic devices + surveillance be admitted

if criminal code procedures were strictly followed (considered a last resort for other evidence)

confessions

statement where accused admits charges are true

opinion evidence

info based on the thoughts of an expert witness

similar fact evidence

evidence showing accused committed similar crimes in the past

perjury

willfully lying in court under oath (witnesses)

verdict

decision made by a jury in a trial (guilty/not guilty)

concurrent sentences

5 types of sentences

absolute + conditional discharge, probation, suspended + intermittent + conditional sentence, electronic monitoring, restitution

absolute discharge

offender is released, criminal record is erased after 1 year

when is absolute discharge used?

minor/1st time offences (no minimum sentence)

conditional discharge

offender is released with terms, criminal record is erased after 3 years (if terms are met - otherwise it's revoked and there's a stricter sentence)

when is conditional discharge used?

minor/first time offences with no minimum sentence

probation

offender lives in community (probation officer), is released with terms (granted in place of prison sentence)

suspended sentence

sentence is imposed but not carried out if offender meets conditions, keeps criminal record (placed on probation)

when is a suspended sentence used

crimes with no minimum punishment (minor/first time crimes)

intermittent sentence

offender serves prison time on weekends/night (must comply with probation orders)

when is an intermittent sentence used

for prison sentences with less than 90 days (allows ppl to keep jobs/go to school)

conditional sentence

prison sentence served in community, must comply with strict terms (otherwise they'll face prison)

when is a conditional sentence used

prison sentences of less than 2 years, for offences with no minimum sentences

electronic monitoring

allows ppl to supervise offenders living in community, place geographic boundaries on them

restitution

financial compensation of crime to victims/community (fines), or community service orders

incarceration

imprisonment for a specific period of time

what to consider in a sentencing scenario

the aggravating/mitigating circumstances, the 3 sentencing objectives (rehabilitation, deterrence, separation), and the appropriate sentence (reasons why)