TRIAL PROCEDURES.

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Presentation transcript:

TRIAL PROCEDURES

Adversarial System Generates competition between Crown and defence Aim of both is to seek justice Crown- Burden of proof is on the Crown to “prove case beyond a reasonable doubt” Defense- is charged with the legal responsibility of providing a proper legal defense Judge and/or Jury weigh facts and determine guilt or innocence

Legal Principles at Trial Reasonable doubt Implies an honest or moral doubt as to whether the accused is guilty of the crime Acquittal Meaning declared not guilty Presumption of Innocence Innocent until convicted at trial Disclosure Involves providing the defense with all relevant information to defend a charge

The Trial Process Crown attorney Defense attorney Exercises strict adherence to rules and procedures governing administration of justice Defense attorney Main role is to prepare proper legal defense for accused Compiles statements from client Compiles information disclosed by Crown Uses case law to prepare a defense (p. 314)

The Trial Process Judge Impartial Trier of law Trial without jury Determines credibility and admissibility of evidence

The Trial Process Witnesses Evidence is presented through Crown and defense witnesses Witnesses used to substantiate claims made at trial Crown and defense allowed cross examination Perjury- witness could be charged for lying under oath

The Trial Process Jury Ordinary citizens that ensure justice is served Selected at random from potential voter’s list Once selected, potential jurors required to complete a questionairre Must meet several criteria to be part of jury panel eg. Must not have been convicted of an indictable offense Exempted if a person is a police officer, lawyer, Doctor or Vet.

The Trial Process Jury panel Judge and jury trial Can be challenged (removed by Crown or defense) Challenge for cause (questions of juror being biased) Peremptory challenge (removed without explanation) Number of peremptory challenges varies by seriousness of charge Judge and jury trial Judge charges the jury (instructs on law and how it applies to case Jurors considered “triers of fact” Jury deliberates to determine verdict

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