1. TRIAL PROCEDURES

2. 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

3. 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

4. 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)

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

6. 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

7. 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.

8. 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