Law 12 Criminal Trial Process. The Criminal trial is considered an adversarial process that pits the Crown against the accused. Section 11(d) of the Charter of Rights states anyone charged with an offence is presumed to be innocent until proven guilty.

The Trial Begins! After the jury has been selected the Judge begins the trial by explaining the jury’s role as trier of the fact. Next the Judge asks the jury to choose a foreperson who then is the liasion between the Judge and the jury The Foreperson also is responsible for leading the jury through its deliberations at the conclusion of this trial The Foreperson renders the verdict on behalf of the jury.

Crown’s Opening Statement It is up to the Crown to prove the accused is guilty. This is call “the burden of proof” . In its opening statement the Crown identifies the crime committed, summarizes the evidence against the accused and the Crown outlines the way it will present its case.

Direct & Cross-Examination After the opening statement the crown will call its first witness. This is called direct examination. Each witness called will tell what he or she saw. After the Crown is finished questioning the witness the Defence Counsel can cross-examine the witness. The purpose of this is to test the accuracy of the witness testimony or inconsistencies in the witnesses story. This direct and cross-examination continues until the Crown has finished call all it witnesses.

Defense’s Opening Statement Before the Defense brings in evidence, it may ask for a motion of dismissal if it thinks the Crown has not proven beyond a reasonable doubt the accused is guilty. If the Judge agrees with the defense he enters a direct verdict of not guilty. If the Judge does not enter a direct verdict the Defense begin summarizes its case with an opening statement.

Direct & Cross-Examination After its opening statement the Defense will call its first witness. The process of direct and cross-examination is repeated until the defense has finished calling all of it witnesses. The idea here is to call witnesses to refute the testimony provided by the crown witnesses. The defendant may choose to testify but is not compelled to do so. This is covered in S.11 (c) of the Charter.

Rules of Evidence Leading Questions: you are not allowed to give the answer in your question. You must ask direct questions. Hearsay Statements: third party knowledge is not allowed. Opinion Statements: Only if you are a recognized expert can you give an opinion. Immaterial or Irrelevant Questions: Have nothing to do with the trial. Non-responsive Answers: The reply may not really answer the question. The Judge can order the witness to answer properly.

Types of Evidence. Direct Evidence: Proves an alleged fact. Eyewitness accounts. Circumstantial Evidence: No eyewitness but the inference of what happen can be admissible unless the story is too weak. Character Evidence: Describes the defendants character. Is he the type of person to likely commit a crime. Electronic Surveillance: Wiretapping and bugging are allowed as evidence if authorized by a judge before hand. This requires a warrant.

Polygraph Tests: are allowed but its main weakness is the competency of the examiner. It is not 100% accurate. Voir Dire: Mini-trial within the trial. The jury is excused from the court room and the judge determines whether evidence is admissible. Summary of the Case/ Closing Arguments: Crown attempts to show that the accused is guilty beyond a reasonable doubt and the defense tries to demonstrate that there is reasonable doubt. Charge to the Jury: The Judge explains how the law applies to the case, advises the jurors on how to consider the evidence and how to return a verdict in accordance to the law.