Chapter 6 - Trial Procedures

These flashcards cover key concepts, definitions, and legal procedures discussed in the lecture on trial procedures.

What is the basis of the Canadian trial system?

The Canadian trial system is based on the Adversarial system.

What are the levels of BC Courts?

1. Supreme Court Of Canada: Ottawa, Ontario (highest court) 2. Appeal Court of BC: Downtown Vancouver 3. Supreme Court of BC: New Westminster (for more serious offences) 4. Provincial Court of BC: Surrey/Vancouver (begins here and progresses upwards).

Who provides security for the accused in the courtroom?

A Sheriff escorts the accused person and provides security in the courtroom.

What is a Peremptory Challenge?

A formal objection to a potential juror for no specific reason by the Crown or defense, with limits based on charge severity.

What role does a Court Recorder or Stenographer play?

They document court proceedings.

What is the function of Defence Counsel?

The legal representative of the accused, ensuring their rights are protected and they receive proper legal defense.

What is meant by the Adversarial System?

A legal system where two or more opposing sides present their cases in court.

What is a Voir Dire?

A mini-trial within an actual trial to decide if certain evidence is admissible.

How are potential jurors selected for jury duty?

Potential jurors are selected from the ‘Voters List’.

What occurs during the Arraignment stage?

The court clerk reads the charges to the accused, who then enters a plea of guilty or not guilty.

Why does the Crown present evidence first in a trial?

To prove the accused guilty, allowing the defense an opportunity to prove innocence.

What type of questions cannot be asked during an Examination in Chief?

Leading questions that suggest a desired answer.

What distinguishes Direct evidence from Circumstantial evidence?

Direct evidence proves a fact directly (e.g., eyewitness testimony), while Circumstantial evidence proves a fact based on another fact.

What is the legal purpose of a Voir Dire?

To determine the admissibility of certain evidence, influencing the potential outcome of a trial.

What is Hearsay Evidence?

Information that doesn’t come from the direct experience of the witness.

What defines Opinion Evidence?

Information based on the thoughts of the witness, usually an expert or professional.

What is required for Electronic devices and video surveillance to be admissible?

They must be obtained in a just manner, as outlined in the Criminal Code of Canada.

Who decides the verdict in a judge and jury criminal trial?

The jury decides the verdict; if there is a hung jury, the judge may dismiss them and retry the case.

What are the goals of sentencing?

1. Deterrence 2. Rehabilitation 3. Retribution 4. Restitution.

What does the Gladue principle require judges to consider?

The systemic and background factors of Indigenous offenders in sentencing.

What types of sentencing options exist aside from imprisonment?

1. Absolute or conditional discharge 2. Suspended sentence and probation 3. Community service 4. Fines 5. Deportation.

What differentiates absolute discharge from conditional discharge?

Absolute discharge releases the offender without conditions and no criminal record, while conditional discharge has terms the offender must complete.

What is the effect of a suspended sentence?

It is a punishment that isn’t carried out as long as certain conditions are met.

What does a Conditional Sentence allow an offender to do?

Serve their time in the community if the maximum sentence is less than two years.

What is the meaning of the French term ‘Voirdire’?

To see to speak or to speak the truth, relating to jury selection in trial.