Lecture 6: Pretrial Criminal Procedure & The Courts and Criminal Trial Procedure

First Appearance

Initial court appearance after charges are laid.

Bail

Temporary release of accused pending trial.

Bail Reform Act

1972 law establishing interim release system.

Ladder Approach

Prosecutor justifies restrictions on accused's release.

Legal Aid

Government-supported free legal services for low earners.

Section 10(b)

Charter right to retain counsel without delay.

Judicare Model

Legal aid recipients select their own lawyer.

Staff System

Lawyers employed by government for legal aid.

Mixed System

Choice between staff or private lawyers for aid.

Prosecutorial Screening Process

Prosecutor decides whether to proceed with charges.

Case Attrition

Many cases never reach trial due to screening.

Guiding Models

Frameworks for prosecutorial discretion and case management.

Plea Bargaining

Agreement to plead guilty for a benefit.

Charge Bargaining

Reduction or dropping of charges in plea deals.

Sentence Bargaining

Negotiation for a lighter sentence in exchange for plea.

Fact Bargaining

Prosecutor withholds certain information in plea deals.

Label Bargaining

Avoiding negative labels by pleading guilty.

Right to a Jury Trial

Guaranteed for serious offenses under Section 11(f).

Jury Selection

Process of selecting jurors for a trial.

Four Step Process

Stages for jury selection involving court and provincial roles.

Bail Conditions

Requirements imposed on accused during bail release.

Recognizance

A formal promise to appear in court.

Surety

Person who ensures accused complies with bail conditions.

Crown Prosecutor

Government lawyer responsible for prosecuting cases.

Trial Sufficiency Model

Prosecutes only cases likely to result in conviction.

Defendant Rehabilitation Model

Focus on rehabilitating the accused in prosecution.

Source List

List of potential jurors under provincial law.

Jury Panel

Selected jurors summoned to court.

Jury Array

Compiled list of candidates for jury service.

Jury Roll

Official record of jurors eligible for selection.

Impartial Jurors

Jurors without bias or preconceived opinions.

Challenge for Cause

Requires reason to disqualify a juror.

Peremptory Challenge

Juror can be dismissed without reason.

Due Process Model

Focuses on rights of the accused.

Crime Control Model

Prioritizes societal protection and punishment.

Bureaucratic Model

Emphasizes speed in court operations.

Probable Cause

Standard before trial for reasonable suspicion.

Beyond Reasonable Doubt

Standard for conviction in criminal trials.

Judicial System Goals

Ensure justice, public trust, and acceptance.

Procedural Justice

Fair procedures enhance public trust in courts.

Voice

Opportunity for parties to present their story.

Neutrality

Judges must maintain transparency and fairness.

Defense Counsel

Represents legal rights of the accused.

Judges

Uphold rights and arbitrate trial disagreements.

Presumption of Innocence

Accused considered innocent until proven guilty.

Criminal Trial

Formal process following strict legal procedures.

Trial Evidence

Includes witness testimony and various evidence types.

Expert Witnesses

Specialists providing specialized knowledge in trials.

Real Evidence

Physical items presented during a trial.

Direct Evidence

Eyewitness observations directly related to the case.

Circumstantial Evidence

Inferences drawn from subsidiary facts.

Closing Arguments

Final statements summarizing each side's case.

Charge to the Jury

Judge instructs jury on legal standards.

Verdict

Decision reached by the jury, must be unanimous.