Trial Procedures Test Review

1. Trial Procedures Test Review Law 120

2. 1. Draw & label the layout of a typical Cdn. courtroom. • (in Criminal Trial Process Handout P. 169)

3. 2. Explain the role of each of the following people in the courtroom • Judge – has full control of the courtroom and decides what evidence or questioning will be admitted in a trial • Crown Prosecutor – represents society in criminal cases and are to see justice is done • Defence Counsel – represent the accused to ensure that their legal rights are protected • Court Clerk – reads out charges, swears in witnesses, tags evidence, handles paperwork/routine tasks of court • Court Recorder – records all statements and questions during a trial. • Sheriff – ensure the accused appears in court, finds prospective jurors, serves summonses, and carries out court orders

4. 3. How are people selected for jury duty? • computer generated list then selection committee randomly chooses 75-100 names form that list.

5. 4. Explain the process involved once a person has been selected for jury duty. • People given notices to appear in court. Appear in courtroom and cards with names placed in barrel. Names drawn for each trial and these people are questioned by lawyers to select jury.

6. 5. List the people who are usually exempt from jury duty. • MP’s, senators, members of provincial legislatures and municipal governments • judges, justices of the peace, lawyers and law students • doctors, coroners, veterinarians • law enforcement officers, special constables, sheriffs, prison wardens and guards and their spouses • people who are visually impaired • people with a mental or physical disability that seriously impairs their ability to complete jury duty • anyone who has served on a jury within the preceding two or three years • anyone convicted of an indictable offence that has not pardoned

7. 6. Explain the difference between a challenge for cause and a peremptory challenge. • challenge for cause – a formal objection to a prospective juror for reasons such as the juror’s knowledge of the case or lack of impartiality • peremptory challenge – a formal objection to a potential juror for which no specific reason is given.

8. 7. How is the number of peremptory challenges in a trial determined and indicate the number of challenges for each. • high treason or first-degree murder – 20 challenges • a charge where the penalty is five years or over – 12 challenges • a charge where the penalty is under five years – 4 challenges

9. 8. What restrictions are placed on jurors during a trial? • discuss the case with anyone other than other jurors • follow media reports about the case • disclose any information from the jury discussions that is not revealed in open court.

10. 9. When might a judge sequester a jury? • To prevent from being influenced by outside information or by anyone with an interest in the case. • This ensures that the verdict is based solely on the evidence presented in court.

11. 10. Explain the differences between direct and circumstantial evidence. • direct evidence – information given by a person who witnessed the event in question • circumstantial evidence – information that relates only indirectly to the alleged offence

12. 11. Explain the consequences of not attending court when issued a subpoena. • witness who does not appear can be served arrest warrant detained 30 days • if judge finds justifiable, witness can be detained up to 90 days

13. 12. What is the purpose of a voir dire? • to determine the admissibility of questioned evidence during a trial (trial within a trial)

14. 13. When is hearsay evidence considered admissible in court? • out-of-court statement can be admitted as being said but not its contents • if the witness is quoting a person who was dying • evidence must be necessary and reliable

15. 14. What is the purpose of the judge’s charge to the jury? • To review the facts to define and explain the law that applies to the case. • jury is removed and then both sides present arguments. Jury returns and judge may present a recharge.

16. 15. When is a ‘hung jury’ declared and what happens to the accused in this situation? • when jury cannot reach a verdict • mistrial declared and accused gets new trial with new jury

17. 16. Explain the rules of law that govern electronic surveillance. • any evidence gain through electronic surveillance is admissible if authorized beforehand by a judge to protect privacy rights • exceptions – police officer believe situation is an emergency or interception is necessary to prevent a violent act

18. 17. Why are polygraphs not admissible in court and what is their main weakness? • polygraphs are dependent on skill of examiner for accuracy. Even the best are less than 100% accurate.

19. 18. When must an appeal be filed? • within 30 days after a verdict

20. 19. What options are available to the higher court when hearing an appeal? • uphold the lower court’s decision • reverse the lower court’s decision • order a new trial

21. adversarial system – an approach based on two opposing sides, in which each side presents its case in court • challenge for cause – a formal objection to a prospective juror for reasons such as the juror’s knowledge of the case or lack of impartiality • leading questions – questions that prompt the witness to give the answers wanted • testimony – a sworn statement • peremptory challenge – a formal objection to a potential juror for which no specific reason is given. • court clerk – a person who keeps records, files and process documents of the court • sequester – to keep a jury together and away from non-jurors until it reaches a verdict • directed verdict – a judge’s decision to find an accused not guilty because the Crown has not proven its case • court recorder – a person whose job it is to document all spoken evidence, comments and questions in the court proceedings. • Rebuttal – a contradiction of evidence introduced by the opposing side • surrebuttal – evidence presented in court to counteract or disprove evidence in the other party’s rebuttal • stay of proceedings – a court order to stop the trial proceedings until a certain condition is met. • direct evidence – information given by a person who witnessed the event in question • subpoena – a court document ordering a person to appear in court for a specific purpose • empanelling – the selection of a jury • direct examination – the first questioning of a witness during court proceedings • perjury – the act of knowingly giving false evidence in a judicial proceeding with the intent to mislead • burden of proof – the Crown’s obligation to prove the guilt of the accused beyond a reasonable doubt • polygraph test – a machine that allows a skilled examiner to detect physical signs that indicate the person being examined is lying • appellant – the party that files an appeal • circumstantial evidence – indirect evidence that reasonably suggests a defendant’s guilt • summation – for each side in a trial, the formal conclusion, which sums up key arguments and evidence • respondent – the party that responds to an appeal • opinion evidence – evidence based on the thoughts of the witness, usually an expert in his/her field • charge to the jury – after summations in a trial, a judge’s instructions to the jury • character evidence – evidence used to establish the likelihood that the defendant is the type of person who would/wouldn’t commit a certain offence • hung jury – a jury that cannot come to a unanimous decision in a criminal case • hearsay evidence – information not coming from the direct, personal experience or knowledge of the witness • voir dire – a trial within a trial to decide if certain evidence is admissible