Trial Procedures II CLN4U

The Judge, The Crown, The Defence Judge: Judge: Impartial and unbiased Impartial and unbiased Applies law to case, instructs jury Applies law to case, instructs jury Crown: Crown: Goal isn’t to “win” but to present the evidence of guilt for the judge/jury’s consideration Goal isn’t to “win” but to present the evidence of guilt for the judge/jury’s consideration Must present all evidence (even evidence that undermines their case) Must present all evidence (even evidence that undermines their case) Defence: Defence: Prepares proper defence for accused Prepares proper defence for accused

The Jury Potential jurors selected randomly Potential jurors selected randomly Must be a citizen Must be a citizen No convictions for indictable offence No convictions for indictable offence Certain professions excluded (police, lawyers, doctors) Certain professions excluded (police, lawyers, doctors) Both Crown and Defence select from jury panel Both Crown and Defence select from jury panel Remove potential jurors from consideration by challenging them Remove potential jurors from consideration by challenging them

Challenges For Cause: For Cause: Juror is biased (i.e. they know the accused) Juror is biased (i.e. they know the accused) Preremptory: Preremptory: No explanation needed No explanation needed The Crown and Defence have unlimited challenges for cause, but only a certain number of preremptory challenges The Crown and Defence have unlimited challenges for cause, but only a certain number of preremptory challenges More serious offence = more preremptory challenges More serious offence = more preremptory challenges

Witnesses Used to substantiate claims made during trial Used to substantiate claims made during trial Both Crown and Defence use witnesses to prove case Both Crown and Defence use witnesses to prove case May be testify to events or facts related to the case (i.e. have some involvement with the case) May be testify to events or facts related to the case (i.e. have some involvement with the case) May be expert witnesses not directly involved with the case, but giving their expert opinion on the validity of evidence (i.e. experts in the medical field, ballistics, fire, tire treads, etc.) May be expert witnesses not directly involved with the case, but giving their expert opinion on the validity of evidence (i.e. experts in the medical field, ballistics, fire, tire treads, etc.) Expert witnesses have their qualifications assessed prior to testifying Expert witnesses have their qualifications assessed prior to testifying

Evidence Direct Evidence (i.e. witness testimony) Direct Evidence (i.e. witness testimony) Physical Evidence (i.e. bodily fluids, fingerprints, hair samples, weapons) Physical Evidence (i.e. bodily fluids, fingerprints, hair samples, weapons) Circumstantial Evidence (indirect – doesn’t offer actual proof of the crime but of related circumstance – ex: accused’s wallet found at the scene) Circumstantial Evidence (indirect – doesn’t offer actual proof of the crime but of related circumstance – ex: accused’s wallet found at the scene)

Assessing the Admissibility of Evidence If either side believes evidence that the other side intends to present should be inadmissible, the court will hold a voir dire procedure If either side believes evidence that the other side intends to present should be inadmissible, the court will hold a voir dire procedure Jury is removed from courtroom and judge will determine if the jury should hear the evidence Jury is removed from courtroom and judge will determine if the jury should hear the evidence

Objections Lawyers can object to questions being asked of a witness based on: Lawyers can object to questions being asked of a witness based on: Relevance (no of significance to case) Relevance (no of significance to case) Leading question (question implies its own answer) Leading question (question implies its own answer) Can ask leading questions during cross- examination if they relate to testimony given during direct examination Can ask leading questions during cross- examination if they relate to testimony given during direct examination Hearsay (testimony is not first-hand – relates to something another person heard or saw) Hearsay (testimony is not first-hand – relates to something another person heard or saw)