CHAPTER 10: TRIAL

PROCEDURES

ADVERSARIAL SYSTEM Generates competition between Crown

and defence Aim of both is to seek justice Crown- Burden of proof is on the

Crown to “prove case beyond a reasonable doubt”

Defense- is charged with the legal responsibility of providing a proper legal defense

Judge and/or Jury weigh facts and determine guilt or innocence

CRIMINAL TRIAL PRINCIPLES Certain principles underlie all criminal

trials in Canada

These principles are intended to guarantee fairness and, in particular, to strike a balance between the power of the state and the civil liberties of the accused.

CRIMINAL TRIAL PRINCIPLES

Rule of Law No one is exempt from the law and it applies to all

Specific Allegation Specific charge under the Criminal Code under specific

circumstances

Case to meet Crown Attorney presents evidence first and bears the

burden of proof Accused cannot be forced to testify

Reasonable doubt Implies an honest or moral doubt as to whether the accused

is guilty of the crime

Acquittal Meaning declared not guilty

Presumption of Innocence Innocent until convicted at trial

Disclosure Involves providing the defense with all

relevant information to defend a charge

Open and Public Trial Justice must be seen to be done

Independent and Impartial Adjudication Both judges and juries must be open-minded Recuse –judge steps aside if conflict of

interest

THE TRIAL PROCESS Crown attorney

Exercises strict adherence to rules and procedures governing administration of justice

Defense attorneyMain role is to prepare proper legal

defense for accused Compiles statements from client Compiles information disclosed by

Crown Uses case law to prepare a defense

THE TRIAL PROCESS Judge

ImpartialTrier of lawTrial without jury

Determines credibility and admissibility of evidence

THE TRIAL PROCESS Witnesses

Evidence is presented through Crown and defense witnesses

Witnesses used to substantiate claims made at trial

Crown and defense allowed cross examination

Perjury- witness could be charged for lying under oath

THE TRIAL PROCESS Jury

Ordinary citizens that ensure justice is served Selected at random from potential voter’s list Once selected, potential jurors required to

complete a questionnaire Must meet several criteria to be part of jury

panel eg. Must not have been convicted of an

indictable offense Exempted if a person is a police officer, lawyer, Doctor or Vet.

THE TRIAL PROCESS Jury panel

Can be challenged (removed by Crown or defense) Challenge for cause (questions of juror being

biased) Peremptory challenge (removed without

explanation) Number of peremptory challenges varies by

seriousness of charge Judge and jury trial

Judge charges the jury (instructs on law and how it applies to case)

Jurors considered “triers of fact” Jury deliberates to determine verdict

EVIDENCE – WHAT IS THE POINT OF EVIDENCE? Evidence is the way in which the Crown and the defense try to reconstruct the chain of events.

The evidence tries to convey the facts to the court so that a judgement can be announced.

Only relevant evidence is usually admissible

Evidence can be excluded from the trial if proper procedures during the investigative process are not followed.

TYPES OF EVIDENCE: DIRECT, CIRCUMSTANTIAL, PHYSICAL1) Direct Evidence: Evidence given by a witness Usually a verbal description of what the

witness knows about the events The way a witness describes and interprets

the event depends on the individual’s personal filters (what they saw, heard, smelled or felt about an event)

Eye witness evidence: https://www.youtube.com/watch?v=x6fRH5MLBIU

DIRECT EVIDENCE CONTINUED... The witness first tells his/her story to the court in

examination in chief

Examination in chief: oral examination of witness by the lawyer who summons the witness to testify

The witness is then cross-examined by the opposing lawyer

Cross examination: oral examination of a witness by a lawyer who did not summon the witness to testify, designed to challenge the witnesses’ evidence

2) CIRCUMSTANTIAL EVIDENCE Indirect evidence that links the

accused to the crime

For example, something belonging to the accused may have been left at the crime scene but there is no direct evidence to prove that the accused actually committed the crime.

3) PHYSICAL EVIDENCE Aka. “Real evidence” evidence that consists of physical objects

that can be offered into evidence.Example: The cookie jar with the child’s

fingerprints on it.

Other typical examples… weapons, tools, tool markings, fingerprints, blood, hair, skin samples

HEARSAY Hearsay: Evidence consisting of matters

that witness was told Witnesses cannot testify about indirect

knowledge

Example: Daniel assaults Dylan Paul was there to see it If Jesse testifies that Paul told her that

Daniel assaulted Dylan it is deemed second hand information and therefore hearsay

VOIR DIRE A mini-hearing held during a trial on the

admissibility of challenged evidence

Example: a defendant may object to a plaintiff’s witness. The court would suspend the trial, immediately preside over a hearing on the standing of the proposed witness, and then resume the trial with or without the witness, or with any restrictions placed on the testimony by the judge as a result of the voir dire ruling. In a jury trial, the jury would be excused during the voir dire.

HOMEWORK: Read pages 310-326 (be sure to read

“The Wrongful Conviction of Guy Paul Morin)

Answer questions: #1-3 on page 326

#11,12, 17, 18 on page 327

Define: stay of proceedings, motions for adjournment, challenge for cause, peremptory challenge, victim impact statement