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THE CRIMINAL TRIAL PROCESS

THE CRIMINAL TRIAL PROCESS. Legal Principles in the Criminal Justice System. The BURDEN OF PROOF – the Crown must prove beyond a reasonable doubt that the accused is guilty. If they can’t , the accused must be acquitted.

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THE CRIMINAL TRIAL PROCESS

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  1. THE CRIMINAL TRIAL PROCESS

  2. Legal Principles in the Criminal Justice System • The BURDEN OF PROOF – the Crown must prove beyond a reasonable doubt that the accused is guilty. • If they can’t , the accused must be acquitted. • The PRESUMPTION OF INNOCENCE – the accused is innocent until proven guilty. • Pre-trial, the judge determines if an arrest was legal; • The accused is generally released until trial unless the Crown can prove there is just cause for keeping the individual in custody pending trial. • Think Oakes case

  3. The principle of DISCLOSURE – where the Crown provides the defence with all relevant information to make a full answer and defence to a charge (prior to the selection of the method of trial and plea are entered) . • Failure to do so can result in a new trial being ordered, or even in the wrongful conviction of the accused.

  4. What are your rights once you have been arrested? • Sect. 11 of the Charter; • To be informed of the offence without unreasonable delay • Gives the accused a clear understanding of the accusations which gives time to plan their defence; • To be tried within a reasonable amount of time; • Delays can damage the accused’s reputation, cause evidence to be dated, and even lead to inaccurate witness testimony. • In R. v. Askov, the accused waited 24 months for trial because the courts could not keep up with all the trials. This was deemed unreasonable, a STAY OF PROCEEDINGS was ordered, and as a result 50000 other charges were dropped (the recommended delay is 8 – 10 months). • To not incriminate oneself • Not required to testify • To be presumed innocent until proven guilty. • Provides for a fair and public hearing. • These allow for due process.

  5. Criminal Trial Principles • These principles are intended to guarantee fairness and strike a balance between the power of the state and the civil liberties of the accused. • Rule of Law • Individuals can only be punished for breaches of the law, and that all citizens are equal before the law. Additionally, the law must be easily discoverable by citizens. • Specific Allegation • The right to know what you have been charged with and what specific circumstances are alleged to make up the offence. • Case to Meet • The Crown must have a strong enough case for conviction. The Crown: • Presents evidence first; • Bears the burden of proof; • Must prove its case without relying on the accused to testify because they have the absolute right to remain silent.

  6. Open and Public Trial • All criminal trials are open to the public and media. • Independent and Impartial Adjudication • Judge and jury must be impartial and have no personal interest in the outcome of the case. Decision must be based on the facts and the law.

  7. The Criminal Trial is an adversarial process that pits the Crown against the accused. • Each person charged with an offence, under Sect. 11 of the Charter, is “presumed innocent until proven guilty according to law.” • This places the burden of proof (whomever has the obligation to prove the guilt of the accused) on the Crown. • Proof of guilt must be beyond a reasonable doubt.

  8. Trial Participants • The ACCUSED • The JUDGE • Must remain IMPARTIAL • Job is to apply the law to the facts – “trier of law” • The CROWN (provide evidence to prove the guilt of the accused) • DEFENCE counsel (prepare a legal defence for the accused)

  9. The JURY • 12 members are selected from a JURY PANEL of qualified jurors; • Prospective jurors can be CHALLENGED by the Crown or Defence and be removed from consideration: • CHALLENGE FOR CAUSE – challenged for bias • PEREMPTORY CHALLENGE – removed without explanation • Serious indictable offences, i.e. murder, = 20 perempt. Chal. • Penalty of more than 5 years = 12 • Penalty of less than 5 years = 4 • The jury is the TRIER OF FACT – assess the credibility of the facts • In a trial, the judge will CHARGE THE JURY to instruct them on the law and how it applies to the facts presented in the case; • Then the jury DELIBERATES and comes back with their verdict.

  10. WITNESSES • Present evidence and their credibility is assessed. • Lying on the stand is PERJURY, which is punishable by law. • VICTIMS • Complete a VICTIM IMPACT STATEMENT (think of the Dahmer trial video), which is a statement of the harm done and the effects of the crime on the victim.

  11. The Trial • The first step in the trial is the ARRAIGNMENT – the reading of the charge to the accused, and the accused entering either a plea of guilty or not guilty. • The Judge then explains the role of the jury, and then the selection of a foreperson who will represent the jury and communicate with the judge takes place.

  12. The Crown’s Opening Statement • The Crown presents first because it has the burden of proof. • The trial always begins with the Crown’s opening statement, which • Identifies the offence committed; • Summarizes the evidence against the accused; and • Outlines the way the Crown will present its case. • The opening statement is not evidence; the Crown will introduce evidence only when the opening statement is complete.

  13. Examination of Witnesses eyewitness testimony • Most of the evidence presented in a criminal trial is presented through witnesses. • The first examination of a witness is called a DIRECT EXAMINATION. • The purpose is to determine what the witness observed about the crime; • After the direct examination, the defence counsel may cross-examine the witness to test the accuracy of the evidence or to convince the jury that there are contradictions in the witness’s testimony that weaken the Crown’s case.

  14. The Defence Responds • When the Crown has finished with its witnesses, the Defence may bring a MOTION FOR DISMISSAL – a request that the judge dismiss the charges against the defendant because the Crown has failed to prove guilt beyond a reasonable doubt. • If the judge agrees, he/she can enter a DIRECTED VERDICT - to withdraw the case and enter a verdict of not guilty.

  15. If the trial proceeds, the defence begins by summarizing its case in an opening statement; • It is during the opening statement of the defence where the defence of the accused is also stated. • The defence can also call witnesses to refute testimony provided by the Crown’s witnesses, or show reasonable doubt. • The procedure of direct examination (by the defence) and cross-examination (by the Crown) is repeated. • The defendant does not have to testify. • After the defence had presented all its evidence, the Crown has the opportunity to rebut, or contradict, any new evidence the defence has introduced; • The defence can then present further evidence for a surrebuttal – a contradiction of the Crown’s rebuttal.

  16. The Rules of Evidence • During the trial, either the Crown or the defence may object to questions asked by the opposing attorney or to answer questions provided by witnesses. • When an objection is made, the judge has to make a decision as to whether or not the evidence in question is “admissible”, or accepted by the court.

  17. Types of Objections in a Criminal Trial • LEADING QUESTION: • A question that suggest the witness to provide a particular answer during a direct examination (usually a “yes” or “no”). • For example “Wasn’t it Jag you saw holding a knife and stabbing Dalton?” is a leading question. This would prompt a “yes” or “no” answer, and would need to be reworded to “What did you see Jag do to Dalton?” • Leading questions are not allowed in direct examination, but ok in cross-examination.

  18. HEARSAY STATEMENTS • Witnesses can only be asked about what they saw or experienced first-hand, not about what they heard from a third party. • For example “Jon told me he saw Jag stab Dalton” would be hearsay, and is not admissible. • OPINION STATEMENTS • Witnesses cannot be asked to give an opinion about matters that go beyond common knowledge unless the witness is a recognized expert in the field. • For example, only a car mechanic could give an opinion about the condition of a car’s brakes.

  19. IMMATERIAL OR IRRELEVANT QUESTIONS • These questions have no connection with the matter at hand and are therefore inadmissible; • For example, in a murder trial, if the defence counsel asked the investigating officer a question about his personal life, the question may be dismissed as irrelevant if it has no bearing on the case. • NON-RESPONSIVE ANSWERS • When a witness provides a response that does not really answer the question. • When this happens, the judge might instruct the witness to answer the question properly.

  20. Types of Evidence • There are many different types of evidence that can be introduce to a case, however all evidence must be “material” – important and relevant to the case in question. • Types of evidence include: • Direct evidence – evidence that directly links the accused to a crime, such as a witness • Physical evidence – i.e. samples of bodily fluids, such as blood, semen, hair, fibre samples, fingerprints, or weapons found at the scene; • Circumstantial evidence – evidence that indirectly links the accused to the crime, i.e. something belonging to the accused may have been left at the crime scene but there is no direct evidence to prove that the accused actually committed the crime

  21. When a question about the admissibility of evidence arises in court, a voir direis held. • A voir dire 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, they are given the opportunity to consider it. • If inadmissible, the jury will not be told of the evidence. • Any evidence that has been illegally obtain is also inadmissible

  22. Issues with Eye-Witness testimony • the innocence project–ronald cotton • memory test • identity test • 60 minutes - eyewitness testimony • BBC eyewitness on youtube • Elizabeth Loftus - Eyewitness Testimony • Elizabeth Loftus - the distorted memory • study on memory photo credit card • The Bystander

  23. 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. • The Crown has to show that guilt has been proven beyond a reasonable doubt; • The defence will try to show that the Crown has failed to establish actusreus and mensrea, so reasonable doubt exists. • Intended to help the jurors understand the issues involved in the case better.

  24. Charge to the Jury • After the summations are presented by both sides, the judge will charge the jury – explain the law and how it applies to the case before them. • The judge will also advise on how to consider the evidence and how to return a verdict in accordance with the law. • After the charge has been given, the sheriff takes the jury to the jury room where they can deliberate their verdict.

  25. The Verdict • Once the jury has decided on their verdict, it is read in open court. • The Crown and defence can ask to poll the jury, and each jury member must then stand and state whether they agree or disagree with the verdict. • A jury’s verdict must be unanimous. • A jury that cannot make a unanimous decision is a HUNG JURY – a new jury will then be selected and the trial will occur again.

  26. STAGES IN A CRIMINAL TRIAL BY JURY

  27. Recommended Review • Read pages 310 – 320 of the text. • Complete Confirm Your Understanding Q. 1 – 10 on page 320. • Read “Shifting Perspectives” on pgs. 318 – 320. Complete questions 1 – 3.

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