Chapter 8

Chapter 8

Chapter 8 Court Room Organization Courtroom organization See figure 8-2 Judge Have full control of the courtroom/maintains order (ex. Cameras) Decisions made on evidence and questioning can form basis for appeals Crown Prosecutor

Responsible to see justice for society Burden of Proof is on the Crown Crown must present all available evidence, even if it weakens their case Judge can direct the prosecutor to call witness even if it damages their case Have great influence, and can decided whether or not to lay charges Defence Counsel Accused can represent self in lower courts Defence lawyers must represent their clients to the best of their ability, even if it offensive to them or the public Create a strategy to best suit their client Court Clerk

Reads out the charges against the accused Tags evidence Swears in witnesses paperwork Court Recorder Records word for word all evidence given, all questions, and comments during the trial Sheriff

Make sure the accused appears in court Find prospective jurors Serves summonses Assist the judge as needed (seize and sell off property) Stay of proceedings Can stop the trial until further action is taken Juries and Jury Selection Accused can choose trial by Judge or Judge and jury

Advantages of Trial by Jury Can reject oppressive laws Can base its decision on social values Defence needs to only convince 1 juror to have reasonable doubt Dramatic arguments is more likely to move a jury than a judge Jurors may feel empathy or sympathize with the accused Advantages of Trial by Judge May be less prejudiced than a jury (depending on how the accused is dressed

or the offence they are charged with) Legal technicalities may confuse jurors, but a judge is more likely to understand it A judge will follow legal evidence and precedent compared to a jury being swayed by dramatic rhetoric from the prosecutor A judge will present reasons for his/her verdict, while a jury will not. These reasons may help either side with an appeal Empanelling Process of selecting jurors (12 for criminal) Creates a list of 75-100 names that are summoned to appear in court The judge may exempt anyone with a personal interest in the case, a relationship with a trial participate, or a personal hardship. The judge decides what questions jurors can be asked Must be Canadian citizen, between 18 and 69 years old, and speak English or

French to serve on a jury People exempted from Jury Duty MPs, Senators, politicians Judges, Justices, lawyers, law students Law enforcement officers People visually impaired People with mental or physical disability that impairs their ability to complete jury duty

Anyone convicted of an indictable offence that hasnt been pardoned Served on a jury within the last 2-3 years Jury Challenges Challenge of Jury List Challenge to the entire jury list Must show there was fraudulent or willful misconduct in selecting prospective jurors (ex. All jurors from an ethic group are excluded) Challenge for Cause Jurors do not meet the requirements Ex. Formed an opinion on the case, cant understand English or French Peremptory Challenge Allows both the Crown and defence to eliminate prospective jurors without

giving a reason Number of challenges depend on charge (ex. 1st degree murder get 20) Jury Duty Jurors cant Discuss with anyone other than other jurors Read or follow media about the case Disclose any information that is not presented in open court Sequester Jury is isolated until they reach a verdict Presentation of Evidence Arraignment Reading of the charge to the accused and the accused enters a plea of guilty

or not guilty Steps in Presenting Evidence 1 Crown starts with examination-in-chief 2 Defence may cross-examine witness 3 Crown may reexamine witness 4

Defence may recross-examine with judges permission 5 Defence presents evidence 6 Crown may cross-examine witness 7 Defence may reexamine witness

8 Crown may make rebuttal 9 Defence may make surrebuttal Crown Evidence Direct Evidence Obtained through testimony of witnesses who actually saw the offence being committed Circumstantial Evidence Indirect evidence; evidence that makes it highly likely the accused committed

the crime Prosecutor cant ask leading questions to witnesses Defence Evidence Directed Verdict The Crown doesnt prove elements of an offence; judge instructs the jury to indicate a verdict of not guilty Defence simply needs to show reasonable doubt Defence cant ask leading questions to witness Witnesses Subpoena Orders them to appear in court and testify Contempt of Court

Any person who fails to give evidence is in contempt of court and can be fined or imprisoned Oath/Affirmation A pledge to tell the truth Oath (on a bible), affirmation (formal declaration) Perjury Knowingly gives false evidence with the intent to mislead Adverse Witness Is hostile to a certain position May be called by either the Crown or defence With Judges permission, the side that called the witness can ask leading questions

Accused Doesnt need to take the witness stand Self-Incrimination Evidence a witness gives in court cant be used later to incriminate the witness in other proceedings Voir Dire Determines what evidence will allowed during the trial Types of Evidence Privileged Communication Certain individuals are NOT required to be present evidence in court Ex. Spouse, Lawyer, Psychologist, etc. Few exceptions occur crimes against minors

Similar Fact Evidence Shows the accused has committed similar offences in the past Hearsay Evidence Something that someone other than the witness has said or written Not admissible in court, exceptions beings: quoting someone who is dying and is now unable to testify Opinion Evidence What an expert witness thinks about certain facts in the case Can be paid for their testimony Character Evidence Evidence that shows if the accused has good or bad character

The Crown in limited in its use, unless introduced by the defence, then the crown can any evidence including past convictions Photographs Can be used as evidence, but cant be used to inflame the jury Electronic equipment Must follow proper procedures, otherwise evidence will not be allowed Polygraph Evidence Not permissible in court Regarded as hearsay evidence Confessions Any statement taken from the accused prior to being told his/her charter of

rights can be excluded as evidence Inculpatory Admission Exculpatory Denial Defences Alibi puts the accused somewhere else at the time the offence occurred Self-Defence Can defend yourself, those under your protection, your moveable property, your dwelling by only using necessary and reasonable force can use as much force as necessary to prevent any person from forcibly breaking or entering your dwelling/house

Legal Duty Allows certain to commit acts that would otherwise be offences Ex. Police officers can drive above the speed limit Ex. Teacher can use reasonable force to correct a child Excusable Conduct Duress threat or use of violence Honest Mistake accused had no idea they committed an offence Mental Disorder Mental disorder Can be remanded up to 60 days to evaluate their fitness If unable to stand trial, the court can order treatment

Mental fitness at the time of the offence If the accused is deemed not mentally fit at the time of the trial he/she will be found not criminally responsible for the crime If accused is found not mentally fit they will be receive a discharge if they are not a treat to the public Intoxication A person can only be found guilty of general intent (ex. Manslaughter) Automatism unconscious, involuntary behaviour not conscious of what they are doing Would be found not guilty on account of mental disorder and subject to procedures under the mental disorder Consent

The injured party can and did consent to the action (ex. Athletes) Entrapment Police action that encourages or aids a person to commit an offence Mistake of Fact Ignorance of the facts are not accepted, except: I. Mistake was genuine and not a result of negligence II. Law accepts ignorance Ex. Receiving counterfeit money while shopping Double Jeopardy you cant be tried for the same offence twice Reaching a Verdict

Summation Summary of key facts Crown usually goes first No new evidence allowed Charge to the Jury Judge instructs what charges the jury are to review and deliberate on Jury Deliberation One jury member is selected as the foreperson Will be sequestered while they deliberate on their decision If they cant reach a unanimous decision, it is called a hung jury; Accused will be tried again by a new jury

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