Test2 CJ- chap 8

Terms

• Talesmen → (jury) people immediately summoned to court to join a jury panel after the initial array has been exhausted

• Jury roll → list of potential jurors

• Jury array → filter down who is actually going to be a juror; want people who are biased (don't know anything, don't relate)

• Jury card → ballot that contains the name, address, and occupation, of person summoned to court to jury duty that is entered into the lottery drum during a jury selection

• Voir dire → trial within a trial. Mini trial to determine whether or not evidence should be brought in

• Arraignment → court hearing where accused is called by name before the court, read the charges and ask for a plea

• Recognizance → money deposited with the court upon the accused released - forfeited if accused fails to show up for trial - “surety” person who puts up money

• Pardon- crime wiped from record

• Autrefois convict → can't be convicted of same crime twice

Sections

469 → most serious offences: murder, conspiracy, treason, war crimes → judge and jury

553 → less serious → provincial and territorial → theft, fraud, breach of probation

Court structures

• Supreme → highest court. Hears cases from countries various appeal courts

• Federal- → cases involving claims against the gov and cases in federally regulated areas

• Provincial and territorial→ prov/ territorial courts - courts of appeal - superior courts

Provincial and territorial

• Ontario court of justice → regulatory offences, quasi, family law, hear crim cases (not supreme) → judge, no jury

• Superior → summary (less serious cases) → only one w jury

• Court of appeals → hear appeals from superior

Court jurisdiction

• Territorial → place where offender commits crime (country)

• Temporal → period of time that the state has to bring accused to trials - trials are more difficult

• Statutory → certain offences can be tried only by certain courts - OCD, superior - murder (superior) sec 469 C.C.

Classification of offences

• Summary → least serious offences - only OCJ - less serious punishments

  • Property, fines (max $ 5000)

• Indictable → more serious - judge & jury unless courts agree on only judge (for 469 offence) - mandatory min sentence

  • 469 offences (superior has absolute jurisdiction ), 553 (provincial has absolute jurisdiction)

• Hybrid → can be tried as summary or indictable (crown decision)

  • Assault, sexual assault. DUI, possession of controlled substance, theft and fraud

elections

• Elections → Accused has choice to be tried in OCJ ( judge only) or superior (judge and jury) ( jury only if sentenced to 5+ yrs)

  • commit an indictable offence: not under sec 469 or 553

Pre liminary inquiry

Happens at the OCJ

• Determine if we have everything needed to go to trial

Type of privilege

Do not need to testify

1. Solicitor (lawyer) → tell them things that stay between you two

2. Spouse ( common law status) → can not b required to testify unless they were involved

3. Police informant →. Do not have to verbally testify about what they saw

4. Crown → Maintain confidentiality if it impacts security of Canada ( puts people at risk)

burden of proof

• Crown responsible to prove guilt

  • guilty beyond a reasonable doubt

• Lower in civil law

Factual vs legal guilt

• Factual → actual action(accused actual guilt)

• Legal → guilt that is provable in court of law

• Exclusion of evidence → must be able to prove 3 things:

  • Accused rights violated

  • Evidence was obtained in a way that violated that right

  • Admission of evidence would bring the admin of justice into disrepute