Criminal Trial

Stages in a Criminal Trial

1. Arraignment - Bail hearing may take place before this

2. Jury Selection (if necessary)

3. Opening Address by Crown/Defense

4. Crown Presents Evidence

5. Defense - Cross Examination

6. Defense Presents Evidence

7. Crown - Cross Examination

8. Closing Statements (Crown goes first)

9. Judge’s Charge to the Jury (if jury trial)

10. Judge or Jury Reach a Verdict

The Judge

Decides the question of guilt and sets the sentence

The Crown Prosecutor

Responsibility to see that justice is done beyond a reasonable doubt

The Defense Counsel

Represents the accused to ensure that their legal rights are protected

The Court Clerk

Reads out the charge against the accused

The Court Recorder

Types out word for word all evidence given and all questions and comments made during trial

The Sherriff

Carries our court admin and trial prep duties, manages jurors, and ensures courtroom security.

Duty Counsel

Lawyer given to people who cannot afford one

Justice of the Peace

Decides when the accused has to return to court

Member of the Jury

Group of people that vote on the verdict of guilty or not guilty

What section of the C.C.C states that jury trials are required only for indictable offences

469

Are there jury in court for summary offences?

No t here are only judges

Advantages of trial by jury

1. Defense only needs to sway one person bcs a unanimous decision has to be made

2. Lawyer’s strong rhetoric (speaking/vocab) will have greater impacts on a jury

3. Jury may decide based on current social values

   1. Jury may feel empathy

Advantages of trial by judge

1. judge maybe less prejudiced (show a dislike)

2. Jurors may be disgusted by the offence. Ex child abuse cases can cloud their judgement

   1. Legal technicalities may confuse jurors

Empanelling

The process of selecting 12 jurors

Empanelling process

1. list of jurors is created from a list of surrounding people

2. Selection committee headed by the sheriff picks 75-100 names

   1. People are selected and summoned to appear in court

What if jurors selected by empanelling fail to come to court?

They can be criminally charged or face potential fines or penalties.

Who are exempt from jury duty?

Certain individuals, including those with medical issues, caretakers, and full-time students, may be exempt from jury duty.

Steps in THE CROWN Presenting Evidence

1. Crown begins with Examination in-chief (direct examination) of witness

2. Defense may cross examine the witness (show the inconsistencies in the evidence to plant doubt in the jury’s mind

3. Crown may re-examine the evidence

4. Defense may re-cross examine with judge’s permission

Steps in THE DEFENCE Presenting Evidence

1. Defense presents evidence

2. Crown may cross-examine the witness

3. Defense may re-examine the witness

4. Crown may make rebuttal (presenting evidence that contradicts what was admitted by defense)

5. Defense may make surrebuttal (Defense has the opportunity to restate its case and contradict what the Crown has just said)

What section of the Charter guarantees that witnesses that give evidence in court cannot have their testimony used against them

Section 24

Max penalty for knowingly giving false evidence with intent to mislead?

14 years imprisonment

Subpoena

A court document that orders someone to appear in court

Expert Whitness

Someone with special knowledge in a field

What do witnesses have to do before speaking

They must take an OATH on the Bible or make an affirmation

Sequestered

Isolating jury from things that will change their judgement

How many jurors do you need to order a new trial

If the jury falls below 10