The Trial Chapter 9

Trials in the Early Modern Period Very often trial was by torture the Rack water torture other torture the Star Chamber a 15 th and 16 th century British court to ensure punishment of wealthy people who could not be tried fairly in a regular court disregard of basic individual rights synonymous with misuse and abuse of power by the King

The Trial The Burden of Proof with the Crown (the Prosecution) Crown must present its evidence first Presumption of Innocence Crown must prove Beyond a Reasonable Doubt that the accused is guilty Defense does not have to prove the accused is innocent only has to provide a reasonable doubt

Court Procedure an Information must be laid (usually by a police officer but may be by a private citizen) in which court will the trial be held County Court less serious trials Court of Queen’s Bench (Supreme Court Trial Division) more serious trials Supreme and Provincial Courts of Appeal appellate courts – only hear appeals

The Trial – Indictable Offense The Defendant may choose trial by County or Provincial Court judge, or trial by judge and jury trial by Superior Court judge and jury Most serious cases must be tried by Superior Court judge and jury

The Trial – Indictable Offense Preliminary Hearing to determine if the Crown has enough evidence to proceed to trial either side may call and cross-examine witnesses Bill of Indictment a written statement that the defendant has committed the crime Jury Trial Jurors chosen at random from voters’ list prospective jurors may be challenged for possible bias Peremptory Challenges – lawyer does not need a reason to dismiss a juror

The Trial – Indictable Offense Plea Bargaining accused agrees to plead guilty to a lesser charge Arraignment the charge is read to the defendant in court and the defendant enters a plea (guilty or not guilty) The Crown’s Case examination-in-chief the Crown calls its own witnesses to develop the case against the defendant

The Trial – Indictable Offense The Crown’s Case may not ask Leading Questions questions that could be answered with yes, or, no defense may cross-examine the Crown’s witnesses to weaken the Crown’s case to bring out new evidence favourable to the defense may ask leading questions

The Trial – Indictable Offense The Defense’s Case will always request dismissal – that the Crown did not prove guilt beyond a reasonable doubt almost always rejected by the judge Defense Case same procedure as Crown’s Closing Address Adversarial System – each side tries to present its case in the best possible light and try to show weakness in the other side’s case The case is now in the hands of the judge or the jury to make a decision of guilt or innocence

The Trial – Evidence All Evidence must be relevant to a Fact-in-Issue must be directly related to the case Direct Evidence Testimony of a witness Expert witness has special knowledge concerning the facts of the case allowed to express an opinion and give a conclusion (no one else can)