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Arraignment The reading of the charge to the accused. This must be the charge contained in the indictment or an acquittal may result. “Order in the Court”

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Presentation on theme: "Arraignment The reading of the charge to the accused. This must be the charge contained in the indictment or an acquittal may result. “Order in the Court”"— Presentation transcript:

1 Arraignment The reading of the charge to the accused. This must be the charge contained in the indictment or an acquittal may result. “Order in the Court” Swear in the judge announce the case Counsel introductions Reading charges-pleading

2 Jury Instruction Judge instructs jurors of duties They cannot discuss case with anyone but other jurors Cannot follow media reports about case Cannot disclose any info from jury discussions that is not revealed in open court

3 Crown Opening Statement Summarizes its case against the accused Crown the calls evidence – Witnesses – Exhibits Must be relevant, reliable and fair Direct: most often an eye witness- not most reliable Circumstantial: indirect. Highly probable that accused did it.

4 Examination-in- Chief (Crown) Prepped questions and answers No leading questions-questions answered by a yes or a no Ex: “Did you see the accused driving away from the house in the yellow Ferrari at 1:45am on the morning of November 24 th 2011?”

5 Cross-Examination (defense) Can use leading questions Objective: poke holes in story, through witness off revoke credibility

6 Re-Examination (Crown)/Re-cross examine (Defense) Optional Ask questions in relation to points brought up by either counsel

7 Directed Verdict Verdict of not guilty Defense will do this only if it believes the Crown has not proven its case (actus rea and mens rea)

8 Opening Statement Defense Summarize what it hopes to show followed by evidence in the form of witnesses Remember: Defense only needs to establish reasonable doubt about whether the accused committed the crime

9 Calls Witness- defense Defense questions- No leading Questions Crown cross-examines- allowed leading questions Re-examination defense Crown rebuttal: crown can produce new evidence Defense surrebuttal: produce evidence to counter Crowns evidence

10 1.) Defense Closing Statement Summation, the concluding statement of each party's counsel reiterating the important. Occurs after the presentation of evidence 2.) Crow Closing Statement

11 Judge interprets and guides jurors Informs the jury of the conclusion of evidence to be heard They will determine whether or not accused is guilty or not guilty or criminal charge

12 Verdict formal decision of conviction made by a jury on matters or questions submitted to the jury by a judge. Judge will leave courtroom. Jury escorted out by sheriff. Deliberations occur, decision made, escorted back into court and verdict is announced.

13 Submission of punishment If found guilty Crown has opportunity to submit an appropriate sentence. Defence has the opportunity to state plea for least severe punishment.


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