The Trial Process What is the adversarial system and how does it work? Does it serve the interests of justice? What are the major components of a trial? What appeal options are available?

The Adversarial System

Source: Simon Fraser University (Burnaby, BC)

BC Court System

BC Court System Source: BC Provincial Court

Trial vs. Non Trial Key Players Judge Crown Prosecutor Defence Counsel Court Clerk and Reporter Sheriff Auxiliary Officials (victim support, probation officers, defendant assistants) Pre Trial Evidence Publication Jurisdiction Jury Selection Trial Arraignment Crown Case Defense Case Instructions to Jury Verdict/Decision Appeal

Appeals Appellant- the party requesting the appeal Respondent- the party responding to the appeal Summary Offenses Trials Transcripts reviewed Statements of facts reviewed Indictable Offenses Trials New evidence may be presented New arguments may be presented Defense may appeal a conviction on the following grounds: Question of law Question of law and fact, or fact Other reasons appeal court may find worthy. (Why?) Crown may appeal a “not guilty” verdict on the following grounds: Length of sentence Administration- invalid indictments, stay of proceedings

Appeals Actions the Court of Appeal may take: Reviews transcripts, charges to jury, reasons for decision, report from trial judge. Decide which party will pay the costs of the appeal. Change the verdict of the original court. Change the sentence implemented by the original court. Order a new trial.

Appeals

Trial vs. Non Trial How is justice best served (achieved): trial or non trial-based resolution? Consider: Costs (financial, human resources, physical resources) Time Adversarial vs. non-adversarial Acknowledgement of guilt Healing Rehabilitation

Challenges and Criticisms For Next Class: Find two criticisms leveled against the BC or Canadian justice system. Read the Heintzman article posted to wordpress.