The Criminal Trial Process : Exploring the Variety of Evidence and Closing Court Procedures CLN4U Mr. Menla

Additional Types of Evidence Self-IncriminatingPrivileged Communication Similar Fact Hearsay It is evidence that would directly, or indirectly help to prove the guilt of the person giving the evidence in a different proceeding (Def.) Evidence that a witness has provided in one court cannot be used against him/her in another criminal court case, unless they have perjured themselves It is information that cannot be required to be presented in court as evidence against the accused (Def.) E.g.: Between a husband and wife, doctor and patient, lawyer and client Medical History Financial Situation Credit Report If the person giving the confidential information agrees, then the information can be presented If the person in the position of power in the relationship, such as the doctor in a doctor-patient relationship provides the evidence  The privilege is nullified and can be used in court It is evidence which shows the accused has committed similar offences in the past (Def.) To be used, it must be relevant to the case This evidence can help to discredit the accused's past It can also be extremely damaging to the accused's case They are statements that someone other than the witness has said or written (Def.) Tina said she heard Wendy say that she killed Gini It is usually inadmissible It can be admissible if: It is being used as proof that statement was actually made If the witness is quoting a person was dying, as long as the evidence would have been admitted if the person had lived

Less Common Types of Evidence OpinionCharacterPhotographsConfessions It is evidence provided by an expert witness regarding specific facts in a case (Def.) It is inadmissible, unless the witness is an expert E.g.: Only a Scientist can give an opinion about the condition of a chemical mixture It is evidence used to establish the likelihood that the defendant is the type of person who either would or would not commit a certain offence (Def.) The Crown cannot introduce evidence of a person’s bad character, unless the defence introduces evidence of a person’s good character first It may be entered if they can be identified as an accurate portrait of the crime scene (Def.) Often, the Photographer or Film Processor takes the stand to describe how the photographs were taken and processed It is an accused person’s acknowledgement that the charge, or some part of the charge is true (Def.) The 2 types of confessions: 1.Inculpatory: A confession can be an admission (Def.) 2.Exculpatory: It is a flat out denial (Def.) If the confession is not voluntary, it can be rejected

Electronic Types of Evidence Electronic SurveillancePolygraph Tests It is the use of any electronic device to overhear or record communications between two or more people, such as wiretapping, bugging and video surveillance (Def.) Any evidence obtained by wiretapping, bugging and video surveillance of a person or his/her property requires a search warrant and a Judges authorization Video surveillance evidence is admissible without a warrant if it is of a public place A warrant is also NOT necessary, if the police officer believes and can prove that the situation is an emergency or necessary to prevent a violent act It is a Lie Detector machine that allows a skilled examiner to detect physical signs that indicate deception on part of person being arrested (Def.) Machine measures change in: A.Pulse B.Breathing C.Blood pressure It is evidence that is considered hearsay and inadmissible as evidence Anything that the defendant says during the course of the test may be introduced as evidence

Voir Dire  Voir Dire: It is a mini-trial which Jurors are excluded while admissibility of evidence is discussed (Def.)  This usually occurs when a question about the admissibility of evidence arises in court  Purpose  It is a trial within a trial, to determine whether or not the evidence is admissible  If there is a jury present, the jury is removed  If the evidence is considered admissible  Jury is given the opportunity to consider it  If inadmissible  Jury will NOT be told of the evidence  Any evidence that has been illegally obtain is also inadmissible

Summary of the Case (Summations)  After all testimony and evidence has been presented, both sides present a Summary of the Case in the form of closing arguments  If the Defence called witnesses during the trial, then they close first. If not, the Crown closes first  Crown:  It has to show that guilt has been proven beyond a reasonable doubt  Defence:  It will try to show that the Crown has failed to establish both actus reus and mens rea  Hence,there is reasonable doubt that exists  Summation also intends to help the jurors understand the issues involved in the case better

The Role of the Judge and Jury’s in Reaching a Verdict JudgeJury His/her role is to decide on, Matters of Law S/he rules on, what evidence is admissible S/he is required to brief the Jury on what the law stipulates on the case S/he have to see what unanimous decision the Jury has arrived to, on the case Their role is to decide on, Matters of Fact They decide what evidence is believable If there is any doubt, or if they do not know who to believe, they must acquit  “Not Guilty”

The Verdict  Verdict: It is the finding or answer of a Jury given to the Court concerning a matter submitted to their judgment (Def.)  Once the Jury has decided on their verdict, it is read in open court  The Crown and Defence can ask to, Poll the Jury  Poll the Jury: This is when each Jury member must stand and state whether they agree or disagree with the given verdict (Def.)  A Jury’s verdict must be unanimous  If it cannot reach to a unanimous decision, the Jury will then be branded as a Hung Jury  In case a Hung Jury occurs: A. A new Jury will be selected B. The trial will occur again

Plea Bargaining  Plea Bargaining: It is a process which the accused negotiates with the Crown, usually agreeing to plead guilty in exchange for a lesser charge and a recommendation for a lighter sentence (Def.)  This occurs before a Court trial has begun  More than 80% of all criminal charges have Plea Bargaining being suggested to accused  Once accused pleads, “guilty”, a formal sentencing hearing will normally be held immediately  For accused, this hearing could be their: A. Only in-court experience, or B. Contact with a Judge

The Accused’s Motive to Agree to a Plea Bargaining 1. Accused are often charged with multiple offences  E.g.: Crown Prosecutor might offer to drop 1, or more charges in return for a guilty plea 2. An accused may be facing the most serious potential charge  E.g.: A charge of, “aggravated” assault (Severe) as opposed to “simple” assault (Simple)  A Crown Prosecutor would reduce the charge in exchange for a, “Guilty” plea 3. In a Plea Bargaining, the accused exchanges the presumption of innocence for some certainty over conviction and sentencing 4. Plea Bargaining may also mean avoiding public exposure, delays, stress and the high legal costs of a trial

Homework  Rights Violated During Police Interrogation in Indiana, USA (Video)Rights Violated During Police Interrogation in Indiana, USA  What is hearsay? (Video) What is hearsay? Canadian and International Law  Read Pg  Pg. 320 – Q. 4, 7-10