1. Trial Procedures
Lesson 39
CLU 3ER

3. Trial Procedures Learning Goal:
Be able to explain the role of various people in the criminal trial courtroom.
Warm-Up: Criminal Law terms
Action: note and discussion
Consolidation: R v Askov (and other work that must be finished)

4. What do the following terms mean?
Accused
Arrest
Evidence
Warrant
Search warrant
Mens rea
Actus reus
Indictable offence
Summary conviction offence
Hybrid offence

5. Courtroom Organization
Draw Figure 8-2 “A Typical Canadian Courtroom” on page 181, in your notes

7. The Judge “the Bench” or “the Court”
appointed by the federal gov’t (or provincial gov’t if provincial court)
Supreme Court judges are called “Justices”
Judges have full control of the courtroom in preliminary hearings and trials
Can determine who is in the courtroom (media, public, accused)
They great influence the outcome of the trial

8. In non-jury trials they determine question of guilt and set the sentence
Justice of the Peace less power than a judge
Used in Traffic Court, can sign warrants, issue documents, often presides over the court of first appearance

9. The Crown Prosecutor Hired by the government to represent society
Must prove, beyond a reasonable doubt, that the accused committed the offence
Presents all evidence, even if it weakens the case
Consult with police to determine whether to lay charges
Withdraw charges that have been laid

10. The Defence Counsel Represents the accused
Ensures the accused’s rights are protected
They can direct the case through the courts
Advise clients on the law
Must represent the client to the best of their ability
Even when the case is unpleasant or challenging

11. The Court Clerk and Court Recorder
Court Clerk reads the charges against the accused
Does most of the paperwork
Court Recorder records, word for word, all that is said in the court
Transcripts can be used later

13. The Sheriff Does a lot of the preparation for trial
Ensures that the accused will show up
Serves summons and carries out court orders

14. Others
Probation Officers may conduct interviews with convicted offenders
John Howard Society, Elizabeth Fry Society, Salvation Army may assist defendants
Victim support groups are now more easily available

15. Beginning Motions
Both sides may present motions to the judge relating to any procedure that could take place
Stay of proceedings can stop the trial until further action is taken
Task:
R. v. Askov pages 186
Answer the 5 questions

16. Juries

17. Juries Jury trials satisfy the public
Lets the public see conflicts resolved by peers
Reflects the conscience of the public
Juries are expensive so are reserved for more serious indictable offences

18. Advantages (pages )
Trial by Jury
Trial by Judge

19. Jury Selection
“Empanelling” –the process of selecting 12 jurors can take days
Continue on pages and add 5 points
Look at Figure 8-5 and briefly list. Explain why these people do not serve on juries.

20. Make notes: The Challenges Challenge of Jury List
‘challenge for cause’ (3 grounds)
‘peremptory challenge’
Jury Duty
Sequester under what circumstances?
verdict