Law 120

 (in Criminal Trial Process Handout P. 169)

 Judge – has full control of the courtroom and decides what evidence or questioning will be admitted in a trial  Crown Prosecutor – represents society in criminal cases and are to see justice is done  Defence Counsel – represent the accused to ensure that their legal rights are protected  Court Clerk – reads out charges, swears in witnesses, tags evidence, handles paperwork/routine tasks of court  Court Recorder – records all statements and questions during a trial.  Sheriff – ensure the accused appears in court, finds prospective jurors, serves summonses, and carries out court orders

 computer generated list then selection committee randomly chooses names form that list.

 People given notices to appear in court. Appear in courtroom and cards with names placed in barrel. Names drawn for each trial and these people are questioned by lawyers to select jury.

 MP’s, senators, members of provincial legislatures and municipal governments  judges, justices of the peace, lawyers and law students  doctors, coroners, veterinarians  law enforcement officers, special constables, sheriffs, prison wardens and guards and their spouses  people who are visually impaired  people with a mental or physical disability that seriously impairs their ability to complete jury duty  anyone who has served on a jury within the preceding two or three years  anyone convicted of an indictable offence that has not pardoned

 challenge for cause – a formal objection to a prospective juror for reasons such as the juror’s knowledge of the case or lack of impartiality  peremptory challenge – a formal objection to a potential juror for which no specific reason is given.

 high treason or first-degree murder – 20 challenges  a charge where the penalty is five years or over – 12 challenges  a charge where the penalty is under five years – 4 challenges

 discuss the case with anyone other than other jurors  follow media reports about the case  disclose any information from the jury discussions that is not revealed in open court.

 To prevent from being influenced by outside information or by anyone with an interest in the case.  This ensures that the verdict is based solely on the evidence presented in court.

 direct evidence – information given by a person who witnessed the event in question  circumstantial evidence – information that relates only indirectly to the alleged offence

 witness who does not appear can be served arrest warrant detained 30 days  if judge finds justifiable, witness can be detained up to 90 days

 to determine the admissibility of questioned evidence during a trial (trial within a trial)

 out-of-court statement can be admitted as being said but not its contents  if the witness is quoting a person who was dying  evidence must be necessary and reliable

 To review the facts to define and explain the law that applies to the case.  jury is removed and then both sides present arguments. Jury returns and judge may present a recharge.

 when jury cannot reach a verdict  mistrial declared and accused gets new trial with new jury

 any evidence gain through electronic surveillance is admissible if authorized beforehand by a judge to protect privacy rights  exceptions – police officer believe situation is an emergency or interception is necessary to prevent a violent act

 polygraphs are dependent on skill of examiner for accuracy. Even the best are less than 100% accurate.

 within 30 days after a verdict

 uphold the lower court’s decision  reverse the lower court’s decision  order a new trial

adversarial system – an approach based on two opposing sides, in which each side presents its case in court challenge for cause – a formal objection to a prospective juror for reasons such as the juror’s knowledge of the case or lack of impartiality leading questions – questions that prompt the witness to give the answers wanted testimony – a sworn statement peremptory challenge – a formal objection to a potential juror for which no specific reason is given. court clerk – a person who keeps records, files and process documents of the court sequester – to keep a jury together and away from non-jurors until it reaches a verdict directed verdict – a judge’s decision to find an accused not guilty because the Crown has not proven its case court recorder – a person whose job it is to document all spoken evidence, comments and questions in the court proceedings. Rebuttal – a contradiction of evidence introduced by the opposing side surrebuttal – evidence presented in court to counteract or disprove evidence in the other party’s rebuttal stay of proceedings – a court order to stop the trial proceedings until a certain condition is met. direct evidence – information given by a person who witnessed the event in question subpoena – a court document ordering a person to appear in court for a specific purpose empanelling – the selection of a jury direct examination – the first questioning of a witness during court proceedings perjury – the act of knowingly giving false evidence in a judicial proceeding with the intent to mislead burden of proof – the Crown’s obligation to prove the guilt of the accused beyond a reasonable doubt polygraph test – a machine that allows a skilled examiner to detect physical signs that indicate the person being examined is lying appellant – the party that files an appeal circumstantial evidence – indirect evidence that reasonably suggests a defendant’s guilt summation – for each side in a trial, the formal conclusion, which sums up key arguments and evidence respondent – the party that responds to an appeal opinion evidence – evidence based on the thoughts of the witness, usually an expert in his/her field charge to the jury – after summations in a trial, a judge’s instructions to the jury character evidence – evidence used to establish the likelihood that the defendant is the type of person who would/wouldn’t commit a certain offence hung jury – a jury that cannot come to a unanimous decision in a criminal case hearsay evidence – information not coming from the direct, personal experience or knowledge of the witness voir dire – a trial within a trial to decide if certain evidence is admissible