1. Trial By Jury

2. Stages In a Trial by Jury Accused is arraigned Jury is selectedJudge addresses jury and instructs them to pick a foreperson Crown presents opening statement Crown examines witnesses Defence cross- examines Defence can bring a motion for dismissal. If judge agrees a directed verdict of not guilty is made If judge doesn’t the trial continues Defence presents surrebutal Crown rebuts Defence examines witnesses and the Crown cross- examines Defence presents opening statement Closing arguments Crown closes first if defence has not called witnesses otherwise defence closes first Judge charges jury Jury returns a verdict Jury deliberates Accused is arraigned Jury returns a verdict Jury is selected

3. Steps in Jury Selection 1. You receive a summons 2. You enter the court 3. Names are drawn at random 4. Some are challenged and dismissed 5. Some are dismissed on peremptory challenge

4. 6. You take the juror’s oath 7. Jurors select a foreperson 8. The judge explains the trial process 9. The trial begins 10. The judge charges the jury 11. Jury reaches a verdict

5. Jury Duty Serving on a jury is a fundamental duty in our society. The system collapses without citizen participation To qualify as a juror you must be: 1. A Canadian citizen 2. 1 8 years of age minimum 3. R egistered on the list of electors

6. The following cannot serve on a jury Judges Court workers Politicians Peace officers and fire fighters Lawyers Coroners People with mental disabilities or mental illness People not fluent in French or English People charged with or convicted of a criminal offence The Sheriff or judge can exclude a potential juror for a number of reasons. Example: Financial hardship

7. Empanelling a Jury 1. A list of jurors is created 2. P rospective jurors assemble in the courtroom at the start of trail 3. J udge determines what questions the jury may be asked

8. Challenges The Crown or defence can challenge a prospective juror to ensure the best jury is created Challenge for Cause (no limit) Lawyers can challenge a potential juror because they feel the person might be b b b b b iiii aaaa ssss eeee dddd in some way

9. Peremptory Challenge Both sides can reject potential jurors without giving a reason Murder Trial ~ 20 Peremptory Challenges Challenges 5+ Years ~ 12 Challenges Under 5 Years ~ 4 Challenges

10. Advantages of Trial by Jury Verdict must be unanimous therefore defence only needs to convince one juror Verdict must be unanimous therefore defence only needs to convince one juror Jurors may empathize more with the accused than a judge Jurors may empathize more with the accused than a judge Jurors may be challenged which might help keep the jury impartial Jurors may be challenged which might help keep the jury impartial A good defence A good defence lawyer knows how to lawyer knows how to work a jury work a jury

11. Disadvantages of Trial by Jury Jurors can be very prejudiced Jurors can be very prejudiced They can be influenced by appearance, race and the charge against the accused They can be influenced by appearance, race and the charge against the accused A good Crown attorney can sway a jury A good Crown attorney can sway a jury Legal technicalities my confuse a jury Legal technicalities my confuse a jury Jury does not have to Jury does not have to justify their decision justify their decision

12. Juror Compensation Government employers and some big companies will continue to pay a person’s wage Government employers and some big companies will continue to pay a person’s wage In Ontario, they receive: zero for the first 10 days; $40 a day for the next 39 days; $100 a day after that. In Ontario, they receive: zero for the first 10 days; $40 a day for the next 39 days; $100 a day after that.

13. Undue hardship due to finances is a legitimate reason for getting out of jury duty Undue hardship due to finances is a legitimate reason for getting out of jury duty Individuals who run their own business can run into financial difficulty Individuals who run their own business can run into financial difficulty

14. Adversarial System Both systems have a judge who can ask questions. Both seek the truth The judge can ask the accused questions The accused must answer questions The accused may not be presumed innocent The judges seek the truth The accused has limited rights The judges role is limited The accused can remain silent The accused is presumed innocent The burden of proof is on the crown One side wins the other loses The accused has many rights Adversarial Inquisitorial

15. Judges Instructions Accused is arraigned Jury is selectedJudge addresses jury and instructs them to pick a foreperson Crown presents opening statement Crown examines witnesses Defence cross- examines Defence can bring a motion for dismissal. If judge agrees a directed verdict of not guilty is made If judge doesn’t the trial continues Defence presents surrebutal Crown rebuts Defence examines witnesses and the Crown cross- examines Defence presents opening statement Closing arguments Crown closes first if defence has not called witnesses otherwise defence closes first Judge charges jury Jury returns a verdict Jury deliberates Judge instructs Jury

16. Judge’s Instructions Judge’s Instructions

17. Crown’s Opening Statement Accused is arraigned Jury is selectedJudge addresses jury and instructs them to pick a foreperson Crown presents opening statement Crown examines witnesses Defence cross- examines Defence can bring a motion for dismissal. If judge agrees a directed verdict of not guilty is made If judge doesn’t the trial continues Defence presents surrebutal Crown rebuts Defence examines witnesses and the Crown cross- examines Defence presents opening statement Closing arguments Crown closes first if defence has not called witnesses otherwise defence closes first Judge charges jury Jury returns a verdict Jury deliberates Crown presents opening statement

18. Opening Statement Opening Statement Crown outlines their case for the jury Crown outlines their case for the jury

19. Accused is arraigned Jury is selectedJudge addresses jury and instructs them to pick a foreperson Crown presents opening statement Crown examines witnesses Defence cross- examines Defence can bring a motion for dismissal. If judge agrees a directed verdict of not guilty is made If judge doesn’t the trial continues Defence presents surrebutal Crown rebuts Defence examines witnesses and the Crown cross- examines Defence presents opening statement Closing arguments Crown closes first if defence has not called witnesses otherwise defence closes first Judge charges jury Jury returns a verdict Jury deliberates

20. Direct Examination Direct Examination This is the first examination of a witness. This is the first examination of a witness.

21. Cross Examination Cross Examination by the defence Cross Examination This is when the Defence gets to re- question the Crown witnesses. This is when the Defence gets to re- question the Crown witnesses.

22. Two basic types of evidence: 1) Direct Evidence & 2) Circumstantial Evidence Evidence

23. The best evidence, Direct Evidence, is usually obtained from a witness who actually saw the offence.

24. Eyewitnesses may be good in court but they are often not very accurate accurate Suspect Identification Test http://www.psychology.iastate.edu/~glwells/theeyewitnesstest.html Witness attention test http://www.youtube.com/watch?v=vJG698U2Mvo&feature=related University Law Study http://www.youtube.com/watch?v=rSzPn9rsPcY&feature=related

25. It is any evidence that directly links the defendant to the crime committed. Circumstantial evidence indirectly helps to establish the guilt or innocence of a defendant through logic.

26. Examples of direct evidence might include fingerprints, DNA, property of the defendant found at the crime scene, video or tape recordings and eyewitness statements. Examples of direct evidence might include fingerprints, DNA, property of the defendant found at the crime scene, video or tape recordings and eyewitness statements. Many criminals are intelligent and knowledgeable enough to avoid leaving direct evidence of their crimes. Many criminals are intelligent and knowledgeable enough to avoid leaving direct evidence of their crimes.

27. Circumstantial evidence plays a major role in most cases. Circumstantial evidence plays a major role in most cases. Example: You are standing outside a bank, and see a person run into the bank with a gun and a bag. You hear shots, then see the same person run out of the bank. Example: You are standing outside a bank, and see a person run into the bank with a gun and a bag. You hear shots, then see the same person run out of the bank. Your circumstantial evidence is crucial. Your circumstantial evidence is crucial. It is not direct evidence because you did not actually see the robbery. It is not direct evidence because you did not actually see the robbery.

28. Similar-Fact Evidence The crown cannot introduce evidence about the past crimes of the accused unless the past offences can be proven to be similar in nature. The crown cannot introduce evidence about the past crimes of the accused unless the past offences can be proven to be similar in nature. This may have to be proven in a voir dire. This may have to be proven in a voir dire.

29. Voir Dire This is a mini-hearing to determine the validity of evidence. The jury is excused and lawyers will argue why or why not evidence should be admissible. This is often done at the start of a trial Example: A voir dire is called to determine if new robbery charges are similar to past convictions.

30. Character Evidence The crown may try to prove an accused was likely to commit a crime because they are of questionable character. This is generally not allowed. The crown may try to prove an accused was likely to commit a crime because they are of questionable character. This is generally not allowed. The defence is allowed to The defence is allowed to introduce evidence that the accused has good character and is unlikely to have committed the offence. committed the offence.

31. Example: Jane Doe has been a Girl Guide leader for 5 years. She helps run a shelter for abused women and does volunteer work at the community center with handicapped children. Example: Jane Doe has been a Girl Guide leader for 5 years. She helps run a shelter for abused women and does volunteer work at the community center with handicapped children. If the defence introduces If the defence introduces Character evidence the crown can then introduce their own can then introduce their own character evidence in their rebuttal.

32. Example: Jane’s neighbour testifies that Jane is often seen drunk and smoking drugs with members of the local bike gang. She was once found passed out on a bench by the elementary school. The neighbour snapped this photo

33. Hearsay Evidence is evidence of what someone other than the witness said. Example: Jane is a crown witness. She states that Jill told her she saw Jim kill John. ~ This may not be admissible~ ~ This may not be admissible~ It is admissible if the hearsay comes directly from the accused. Example: Jane is a crown witness in Jim’s murder trial. She states that Jime told her he killed John

34. Hearsay is also admissible if it comes from a person who is about to die. Example: Jane is a crown witness. She states that Jim, dying from a knife wound, tells her that John stabbed him.

35. Exclusion of Evidence An accused cannot be forced to testify at their own trial. An accused cannot be forced to testify at their own trial. In most cases a spouse cannot be forced to testify In most cases a spouse cannot be forced to testify Communication between spouses is privileged Communication between spouses is privileged

36. Conversations between clergy and doctors can be used as evidence. (Court order) Conversations between clergy and doctors can be used as evidence. (Court order) Testimony in one trial cannot be used against the person testifying in another trial unless it’s for perjury. Testimony in one trial cannot be used against the person testifying in another trial unless it’s for perjury.

37. Wiretaps or video surveillance can be used as evidence but require a court order Wiretaps or video surveillance can be used as evidence but require a court order Cellphone tracking, texts, computer records will all be used Cellphone tracking, texts, computer records will all be used

38. Polygraph evidence (lie-detector) cannot be used in court but can be used for a court order for a wiretap or search Polygraph evidence (lie-detector) cannot be used in court but can be used for a court order for a wiretap or search Polygraph

39. Illegally obtained evidence can be used in a trial unless it’s admission brings justice into disrepute. This is the judges decision and they will often will quash the evidence if it violated the charter. Illegally obtained evidence can be used in a trial unless it’s admission brings justice into disrepute. This is the judges decision and they will often will quash the evidence if it violated the charter.

40. Confession Confession’s made after a legal arrest and after a suspect has waived their right to an attorney can be very powerful evidence. Some confessions are ruled inadmissible inadmissible

41. Plain view evidence is evidence that can be seen by the police even though they may not be searching for it. Plain view evidence is evidence that can be seen by the police even though they may not be searching for it.

42. Example: Police stop Jane’s car for speeding and she has illegal drugs on the seat. She can be charged with possession of narcotics using the evidence. If the drugs were in a knapsack and the police indiscriminately searched it the drugs may not be used as evidence against her. Example: Police stop Jane’s car for speeding and she has illegal drugs on the seat. She can be charged with possession of narcotics using the evidence. If the drugs were in a knapsack and the police indiscriminately searched it the drugs may not be used as evidence against her. This may require a voir dire

43. Opening Statement by Defence Accused is arraigned Jury is selectedJudge addresses jury and instructs them to pick a foreperson Crown presents opening statement Crown examines witnesses Defence cross- examines Defence can bring a motion for dismissal. If judge agrees a directed verdict of not guilty is made If judge doesn’t the trial continues Defence presents surrebutal Crown rebuts Defence examines witnesses and the Crown cross- examines Defence presents opening statement Closing arguments Crown closes first if defence has not called witnesses otherwise defence closes first Judge charges jury Jury returns a verdict Jury deliberates Defence presents opening statement

44. Defence Opening Defence Opening

45. Defence Direct Examination & Crown Cross Accused is arraigned Jury is selectedJudge addresses jury and instructs them to pick a foreperson Crown presents opening statement Crown examines witnesses Defence cross- examines Defence can bring a motion for dismissal. If judge agrees a directed verdict of not guilty is made If judge doesn’t the trial continues Defence presents surrebutal Crown rebuts Defence examines witnesses and the Crown cross- examines Defence presents opening statement Closing arguments Crown closes first if defence has not called witnesses otherwise defence closes first Judge charges jury Jury returns a verdict Jury deliberates Defence examines witnesses and the Crown cross- examines

46. Direct Examination Defence Defence

47. Cross Examination Cross Examination by the Crown Cross Examination

48. Rebuttal Accused is arraigned Jury is selectedJudge addresses jury and instructs them to pick a foreperson Crown presents opening statement Crown examines witnesses Defence cross- examines Defence can bring a motion for dismissal. If judge agrees a directed verdict of not guilty is made If judge doesn’t the trial continues Defence presents surrebutal Crown rebuts Defence examines witnesses and the Crown cross- examines Defence presents opening statement Closing arguments Crown closes first if defence has not called witnesses otherwise defence closes first Judge charges jury Jury returns a verdict Jury deliberates Rebuttal

49. Rebuttal and Surrebuttal Rebuttal is the negation of evidence or documents provided in a proceedings by introducing counter evidence. Rebuttal is the negation of evidence or documents provided in a proceedings by introducing counter evidence. For example if John says he saw Jane commit a crime and the defence calls Sally who states Jane was with her at the time of the crime For example if John says he saw Jane commit a crime and the defence calls Sally who states Jane was with her at the time of the crime

50. Surrebuttal The Surrebuttal (if possible) counters the rebuttal The Surrebuttal (if possible) counters the rebuttal Example: The Crown brings in Dave who claims Sally told him she was going to lie to protect Jane Example: The Crown brings in Dave who claims Sally told him she was going to lie to protect Jane Example:

51. Closing Arguments Accused is arraigned Jury is selectedJudge addresses jury and instructs them to pick a foreperson Crown presents opening statement Crown examines witnesses Defence cross- examines Defence can bring a motion for dismissal. If judge agrees a directed verdict of not guilty is made If judge doesn’t the trial continues Defence presents surrebutal Crown rebuts Defence examines witnesses and the Crown cross- examines Defence presents opening statement Closing arguments Crown closes first if defence has not called witnesses otherwise defence closes first Judge charges jury Jury returns a verdict Jury deliberates Closing Arguments

52. The Summation Summation Known as the closing arguments Crown goes first if the defence called no witnesses Crown goes first if the defence called no witnesses No new evidence can be introduced No new evidence can be introduced Johnny Cochran The VerdictVerdict

53. Judge’s Charge Accused is arraigned Jury is selectedJudge addresses jury and instructs them to pick a foreperson Crown presents opening statement Crown examines witnesses Defence cross- examines Defence can bring a motion for dismissal. If judge agrees a directed verdict of not guilty is made If judge doesn’t the trial continues Defence presents surrebutal Crown rebuts Defence examines witnesses and the Crown cross- examines Defence presents opening statement Closing arguments Crown closes first if defence has not called witnesses otherwise defence closes first Judge charges jury Jury returns a verdict Jury deliberates Judge Charges jury

54. Charge to Jury Charge to Jury

55. Deliberation Accused is arraigned Jury is selectedJudge addresses jury and instructs them to pick a foreperson Crown presents opening statement Crown examines witnesses Defence cross- examines Defence can bring a motion for dismissal. If judge agrees a directed verdict of not guilty is made If judge doesn’t the trial continues Defence presents surrebutal Crown rebuts Defence examines witnesses and the Crown cross- examines Defence presents opening statement Closing arguments Crown closes first if defence has not called witnesses otherwise defence closes first Judge charges jury Jury returns a verdict Jury deliberates Jury Deliberates

56. Jury Deliberation Deliberation

57. Verdict Accused is arraigned Jury is selectedJudge addresses jury and instructs them to pick a foreperson Crown presents opening statement Crown examines witnesses Defence cross- examines Defence can bring a motion for dismissal. If judge agrees a directed verdict of not guilty is made If judge doesn’t the trial continues Defence presents surrebutal Crown rebuts Defence examines witnesses and the Crown cross- examines Defence presents opening statement Closing arguments Crown closes first if defence has not called witnesses otherwise defence closes first Judge charges jury Jury returns a verdict Jury deliberates The Verdict

59. Not Guilty You are released from custody You are released from custody You do not receive any compensation for your legal fees or time spent in prisnon You do not receive any compensation for your legal fees or time spent in prisnon

60. Guilty

61. A pre-sentence report is prepared unless a first degree murder conviction is found which has an automatic life sentence with no possibility of parole for 25 years

62. Victim Impact Statements Victim Impact Statements http://www.globalnews.ca/video/victim+impact+statements+at+rafferty+sentencing/video.html?v=2235224714#canada Rafferty Case

63. Main goals of Sentences 1. Retribution Punishing an offender to avenge a crime (revenge)

64. 2. Deterrence (specific) Discourages the convict from committing another crime

65. 3. Deterrence (general) Discourages others from committing crimes

66. 4. Protection of the Public When a convict is locked up they can’t harm the public

67. 5. Rehabilitation Treating the problems that cause the criminal behaviour Treating the problems that cause the criminal behaviour Educational programs Educational programs Drug treatment Drug treatment Anger Management Anger Management Anger Management Anger Management Psychiatric therapy Psychiatric therapy

68. 6. Restitution The offender pays back to the victim or society for harm or loss suffered

69. 7. Denunciation Punishment designed to show condemnation of the offender’s conduct

70. Judges have a good deal of flexibility when determining a sentence. They must consider mitigating and aggravating circumstances

71. Mitigating Factors are any evidence presented regarding the defendant's character or the circumstances of the crime, which would cause the judge to give a lesser sentence. Examples Absence of violence Absence of violence Convict’s age Convict’s age Past abuse Past abuse Mental impairment Mental impairment

72. Aggravating Factors are any relevant circumstances, supported by the evidence presented during the trial, that makes the harshest penalty appropriate Examples Excessive violence Excessive violence Cruelty Cruelty Abuse of power Abuse of power Age of victim Age of victim Example Robert Picton was convicted of 2 nd Degree murder. The sentence can be 10 – 25 years. Picton received the maximum due to the level of violence used and the number of victims