TRIAL PROCEDURE A criminal trial is an adversarial process – Crown against the accused Arraignment- the reading of the charge ( then accused enters plea)

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Presentation transcript:

TRIAL PROCEDURE A criminal trial is an adversarial process – Crown against the accused Arraignment- the reading of the charge ( then accused enters plea)

zBurden of proof – the Crown’s obligation to prove the guilt of the accused beyond a reasonable doubt. zConfession - acknowledgement by the accused of the truth of the charge

VOIR DIRE - a trial within a trial to determine the admissibility of evidence zAdmissable evidence: yrelevant yreliable yfair

Types of Evidence zDIRECT EVIDENCE - evidence given by the witness to prove an alleged fact. (eg. an eyewitness account) zCIRCUMSTANTIAL EVIDENCE - all evidence of an indirect nature (eg. A witness testifying that the accused was in the area when the crime occurred)

zSIMILAR FACT EVIDENCE- evidence the accused had previously committed a similar offence zHEARSAY EVIDENCE - evidence of what someone other than a witness saw ( usually not admissable)

zOPINION EVIDENCE- evidence of what a person thinks in regard to facts in dispute ( generally not admissable unless experts’ opinions) eg. Coroner’s report

zCharacter evidence- evidence used to establish the likelihood that the defendant is the type of person who would or would not commit a crime

zDefine the following from your text or sheet*: zAffirmation/oath zcontempt of court zcredibility zdirect examination* / cross examination* zperjury zprivileged communications zself-incrimination zstay of proceedings zsubpoena zverdict and directed verdict* zmotion for dismissal*