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Procedure Procedure at Trial. 1) Court Clerk reads the charge Indictment - if vague - quashed (struck down)

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Presentation on theme: "Procedure Procedure at Trial. 1) Court Clerk reads the charge Indictment - if vague - quashed (struck down)"— Presentation transcript:

1 Procedure Procedure at Trial

2 1) Court Clerk reads the charge Indictment - if vague - quashed (struck down)

3 2) Defence enters plea Guilty Not guilty (never pleads innocent) Special plea autrefois acquit autrefois convict

4 3) Judge’s opening remarks to the jury Describe role of judge, jury, crown attorney and defence counsel Judge Supreme on law Jury Supreme on facts Evidence is sole basis of the verdict Judge explains relevant law(s)

5 4) Crown’s opening remarks to the jury Briefly outlines the evidence who they will call what they will prove - etc. reminds jury of duty and opportunity to restrict and curtail crime

6 5) Crown Examination of Crown Witness called “examination-in-chief” establishes case only direct evidence allowed no leading questions no hearsay evidence

7 6) Defence cross-examination of crown witness Purposes of cross examination 1) Test credibility- trustworthiness -(criminal record?) 2) Test reliability - powers of recall 3) Offer different interpretation of the facts

8 7) Crown re-examination of crown witness Clarifies (re-establishes) points put in doubt during cross examination No questions on new topics allowed

9 Two reasons why the defence may decide not to call any witnesses 1) Strategic give up opportunity to speak to the jury last 2) To not expose the accused to a rigorous cross-examination note: if the accused has a criminal record it would be exposed during cross-examination

10 When the defence calls witness (Steps 8, 9, 10) 8) Defence Examination of Defence witnesses alibi or absence of motive or character witnesses 9) Crown cross examination of Defence Witnesses Test credibility, reliability etc 10) Defence re-examination of defence witness re-establishes evidence established in examination in chief

11 11) Defence sums up to the jury Reminds jury of presumption of innocence beyond a reasonable doubt Goes over all of the evidence that raises a reasonable doubt Attempts to evoke sympathy

12 12) Crown’s summations to the jury Synthesizes the evidence in a manner that establishes guilt Reminds jury of the juror’s oath and their duty to convict

13 13) Judges charge to the jury Note: often grounds for appeal (if not done properly) Explains applicable laws and applies them to the facts of the case Must emphasize and explain presumption of innocence Describes possible verdicts Describes applicable defences ( self defence/necessity etc.) Gives opinion on credibility of witnesses Asks lawyers for input

14 Directed Verdict Defence can ask judge to direct the jury to come up with a not guilty verdict if the defence is able to convince the judge that the crown did not establish the essential elements of the crime identity of the accused nothing actually stolen substance actually not a controlled substance

15 14) Jury deliberates to determine verdict Go over evidence, law, judge’s charge Verdict must be unanimous Possible verdicts guilty as charged guilty of a lesser included offence murder to manslaughter not guilty

16 15) Jury gives verdict Foreperson announces verdict no reason given either counsel can poll the jurors individually rarely done(last ditch effort)

17 16) Remand for sentence Pre- sentence report is prepared by a probation officer gives profile/ history of accused assists judge in giving an appropriate sentence usually about three weeks

18 17) Judge gives sentence Judge gives a sentence anything up to the maximum specified in the criminal code possible sentences incarceration suspended sentence restitution judge explains reasons/goals of sentence

19 Perjury Giving false evidence with intent to mislead Note: if accused got an acquittal due to perjury he/she is not retried for the original offence but instead is charged with perjury use the transcript for evidence at the perjury trial

20 Voir Dire “to see” “to say” To determine the admissibility of the evidence in the absence of the jury Considered to be a trial within a trial Judge rules on whether or not the jury can hear the evidence e.g. if statement is voluntary or not

21 Witnesses No surprise witnesses from crown -full disclosure Witnesses often excluded while other witnesses testify Witnesses not allowed to read from notes exception - police Witnesses must answer questions otherwise charged with contempt of court

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