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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 on theme: "TRIAL PROCEDURE A criminal trial is an adversarial process – Crown against the accused Arraignment- the reading of the charge ( then accused enters plea)"— Presentation transcript:

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

2 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

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

4 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)

5 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)

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

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

8 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*


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