Criminal Law The Trial Process

Arrest Suspicion not grounds for arrest, police must have REASONABLE GROUNDS to believe crime has been committed Can either: a) Appearance notice (summary, hybrid, less serious indictable) b) Arrest (serious indictable) c) Obtain warrant for arrest

Arrest Police can use as much force as necessary to prevent escape Can use deadly force if suspect might cause serious harm to others HOT BUTTON TOPIC: Police use of Tasers Was use of Tasers reasonable in this case? http://www.youtube.com/watch?v=7Gm8bXwVpjA What about this one? http://www.ctvnews.ca/canada/peel-police-facing-1-3m-lawsuit-over-use-of-taser-on-80-year-old-woman-1.1525296 http://www.youtube.com/watch?v=u61q8MV8vg0

Remember your legal rights Sections 7-11 of the CCRF Right to be informed promptly of reason for arrest Right to obtain a lawyer without delay Must understand rights (wait if are intoxicated) **innocent people are more likely cooperate, so don’t encourage them to form bad conclusions about you!*

Police Search Rights Right to search accused upon arrest to look for evidence or items that may help accused escape May strip-search or skin frisk at the station BY OFFICER OF THE SAME SEX May fingerprint and photograph May take DNA sample (with a warrant) Accused DOES NOT have to take part in a line-up or polygraph test—see a lawyer before you do this

Warrants Sec 8 of the CCRF: means that an officer must swear to a judge that a crime has been committed and there is reason to believe that evidence exists on the property Ask to see warrant; if any detail is wrong, entry can be refused Exceptions: Anti-Terrorism Act Controlled Drug and Substances Act Provincial liquor laws Vehicles

(reading of charge; type of court; plea guilty or not guilty) Procedures Arrest Release OR Bail Hearing OR Custody (summary, hybrid, indictable (w/in 24 hours; promise to appear) (threat; reverse onus) w/ penalty of 5 years or less) Arraignment (reading of charge; type of court; plea guilty or not guilty) Not guilty- Guilty Trial date Sentenced immediately

Less Serious Indictable Offences Most Serious Indictable Offences Court Options Less Serious Indictable Offences Summary Offences Most Serious Indictable Offences Superior Court/Supreme Court of the province Judge + jury (i.e. treason, murder) **only 5% of crimes** Provincial Court Judge only Minor indictable offences (i.e. theft, fraud, mischief) Choice: Provincial court judge OR Higher court judge alone or judge + jury (i.e. assault, sexual assault, weapons)

Which would you choose, trial by judge alone or trial by judge and jury? Why?

Trial by Judge OR Judge and Jury Trial by Jury Trial by Judge -satisfies and educates the public -fresh perspectives -decision based on current social values, not strict legal precedent -defence only needs to convince one juror -might feel more empathy -might be less prejudiced -juries might allow disgust at the offence to cloud judgement -legal technicalities confuse jurors -jury may be too easily persuaded by a fast-talking lawyer -judge presents reasons for a decision, a jury doesn’t