THE CRIMINAL COURT SYSTEM THE TENNIS COURT OATH Tennis Court / Courtyards THE BAR FEDERAL GOV’T -SUPREME COURT OF CANADA -FEDERAL COURT OF CANADA -TAX COURT OF CANADA PROVINCIAL GOV’T - CRIMINAL COURT SYSTEM

We are concerned with the blue box. Mostly Income Tax Not Military Usually Supreme Or Federal Judges Nisga’a Nation

Includes: Criminal Court, Youth Justice Court, Family Court, Small Claims Court See Slide #4 for easy version

Judge Alone B.C. CRIMINAL COURT - Summary Convictions (Nudity/Disturbance) -‘Lesser’ Indictables (Mischief, Theft under $5000) -Municipal Bylaws (Parking, Noise, Dogs) -All Preliminary Hearings (Enough evidence to proceed???) PROVINCIAL COURTS OF B.C. Reviews the decisions of a lesser court (3-5 Judges hear case) Judge & Jury ??? Rules on serious cases. Ex. Murder, treason, etc. Hears civil & criminal referred by boards, tribunals, or Attorney General. Highest appeal court – ‘The toughies’ Constitutional Issues appointed judges

THE PARTICIPANTS JUDGE – Rules on : - Admissibility - Interprets laws - Informs jury of laws - No jury = Guilty or Not - Sentences Guilty Justice of the Peace – Warrants, weddings, bylaws etc. Not as much power as a judge. DEFENCE - Protects accused / defendant - Shows reasonable doubt - Legal Aid = Duty Counsel - Recommends sentences. CROWN / PROSECUTION - Represents society/gov’t. - Evidence, witnesses, laws. - Tries to prove guilt COURT CLERK - Assists judge: oaths, opens/closes REPORTER Electronically records Provides transcripts SHERRIFF / BAILIFF Jury Duties: Gaurds, pays, summons, & secludes Security Officer – order in court. WITNESS Civic Duty Evidence Subpoena Perjury JURY???? - 12 People (Defence & Crown) -Civic duty -Listen, examine, decide. -Unanimous -Hung jury THE ACCUSED Innocent Till Guilty Beyond A Reasonable Doubt B.C. PROVINCIAL COURT

Criminal vs. Civil? What differences do you see? No Crown / Plaintiff, No defendants box, Jury #s, generally smaller Reasonable Doubt vs. Probability THE OJ SIMPSON CASE

ROLE OF THE JURY QUALIFICATIONS - varies from prov. to prov. - 18yrs. + / from prov. - publically elected officials not used. - Exemptions (Apply to sheriff): - Financial hardship?? - < 2 yrs. since last time - health & religion?? JURY SELECTION Jurors are picked from polling lists. The jury panel is brought to the arraignment. If “Not Guilty” plea, selection begins. STEPS TO SELECTION 1. Names drawn at random from jury panel. 2. Drawn names face the accused. 3. Crown or Defence can challenge. Challenge For Cause – Based on a particular reason (Biases) Peremptory Challenge – Excluded without a reason.(Murder = 20, 5+ yrs. = 12, < 5 yrs. 4) 4. Twelve selected jurors = juror’s oath. ”When you go into court, you are putting yourself in the hands of twelve people, who weren't smart enough to get out of jury duty”

THE CRIMINAL TRIAL PROCESS Burden of Proof – “Innocent until proven guilty” “Beyond Reasonable Doubt” ACCUSED IS ARRAINED -Habeus Corpus -Defendant enters a plea -Guilty/Not Guilty JURY IS SELECTED - 12 Jurors -Panels -Challenges JUDGE ADRESSES JURORS -Judge explains role of jury -Elect a foreperson -Leads deliberation -Communicate with judge -Informs court of verdict Lindsay Lohan pleading guilty

CRIMINAL TRIAL STAGES CROWN PRESENTS OPENING CASE -Crown 1 st because they = burden of proof - includes: offence, summary, outlines presentation (You will see….) CROWN EXAMINES WITNESSES -Direct / Examination in Chief (1 st questioning) -Defence may cross- examine DEFENCE = MOTION FOR DISMISSAL - If defence feels not enough evidence. - If judge agrees = directed verdict of not guilty. DEFENCE = OPENING STATEMENT As crown but for defence. DEFENCE EXAMINES WITNESSES - As above but witnesses are for the defence. - Defendant may/may not testify. CROWN REBUTS Crown has opportunity to rebut any new info / witnesses. DEFENCE = SURREBUTTAL Defence can rebut Any new info brought Up in crown rebuttal. CLOSING ARGUMENTS - Crown 1 st if defence = no witnesses. -Defence 1 st if = witnesses -Crown = Beyond Reasonable doubt. - Defence = NO Mens Rea/Actus Reus JUDGE GIVES CHARGE TO THE JURY (See next slide)

BACK TO JURY JUDGE GIVES CHARGE TO THE JURY The judge explains how law applies. If there is a mistake here = appeal. Deliberation takes place Judge = Law; what evidence is admissible Jury = Facts; what evidence is believable THE VERDICT The verdict must be unanimous and is read in court. Each jury member can be polled if necessary. If not unanimous it will be considered a hung jury. A new jury will selected & case tried again. APPEALS If one side feels a mistake has been made they may appeal. Three options: 1. affirm 2. reverse 3. new trial Both crown & defence may also appeal the sentence. Appeals heard by 3-5 judges. Usually no witnesses; transcripts & evidence

THE RULES OF EVIDENCE “Objection Your Honour!!” LEADING QUESTIONS Questions that suggest an answer. Ex. What did you see? vs. “It was Mr. T. who punched him, correct?” (Yes/No ???) Note – Cross-examination may use leading questions if it pertains to previous testimony. HEARSAY STATEMENTS Witnesses must have first hand info; cannot be from a third party. Ex. “I saw ….” vs “John told me that he saw….” (Not admissable) OPINION STATEMENTS Only experts can give opinions on matters that go beyond common Knowledge. “What colour was the car?” vs. “Was he mentally insane?”

THE RULES OF EVIDENCE “Objection Your Honour!!” IMMATERIAL OR IRRELEVANT QUESTIONS No connection to the matter at hand Ex. R. v Truant Murder trial - “Was Mr. T. a good teacher?” Relevance????? NON-RESPONSIVE ANSWERS Witness is avoiding the question; Judge will be asked to direct the witness to answer.

TYPES OF EVIDENCE DIRECT EVIDENCE -testimony given by a witness to prove an alleged fact. -The most common evidence. -“I saw Mr. T. ….” CHARACTER EVIDENCE -Using past reputation to show the likelihood of committing a crime. -Court usually allows good character but shies from using bad character. NOTE – If defence uses good character, crown can use bad. -Past convictions may be used; credibility ELECTRONIC SURVEILLANCE -Wiretapping and bugging -Must be authorized by a judge beforehand or in case of emergencies; warrants. CIRCUMSTANTIAL EVIDENCE -Indirect evidence that leads to a reasonable inference. - Admissible if there is reasonable connection. -Always cross examined as … “Can you be positive……?” R. v. Trochyn – p. 218

TYPES OF EVIDENCE (cont.) VOIR DIRE -A trial within a trial to determine if evidence is admissible. -Jury is removed while voir dire is going on. POLYGRAPH TEST - Lie detectors. -Measures pulse, respiration, & blood pressure – base-lines -Not 100% accurate- – Not admissible