1. Criminal Trial Procedures
Stages in a trial
Forms and Types of Evidence
Rules of Evidence

2. Figure 7.10 Trial by Jury, p. 183

3. Presentation of Evidence
Crown evidence
Section 11(d) … ”presumed innocent until proven guilty”
Crown must counter or disprove this presumption of innocence
Crown opening statements (summarize the Case)
Call evidence (witness testimony and exhibits)

4. Forms of Evidence circumstantial evidence direct evidence
physical evidence
demonstrative evidence

5. Circumstantial Evidence: A form of evidence that allows a judge or jury to infer or accept a fact based on a set of known circumstances. A fact that can be used to infer another fact.
Example: The cookie monster is found standing by an open cookie jar with cookie crumbs on his face. The circumstantial evidence would indicate that the cookie monster ate a cookie. However, he was not actually seen eating the cookie.

6. Direct Evidence: An eyewitness has seen or heard the alleged events, or some real evidence is provided which proves a fact in question. (The fact in question must prove the guilt of the accused.)
COOKIES
Example: Someone sees cookie monster eat a cookie out of the cookie jar.

7. Physical Evidence (physical): evidence that consists of physical objects that can be offered into evidence.
Example: The cookie jar with the cookie monster’s fingerprints on it.
Other typical examples…
weapons,
tools,
tool markings,
fingerprints,
blood, hair, skin samples

8. Demonstrative evidence: Evidence that is prepared by an attorney in an effort to assist the trier of fact in visualizing or comprehending other evidence.
Example: A map of the kitchen showing the cookie monster’s proximity and access to the cookie jar.
Other typical examples…
charts,
maps,
photographs,
crime sketches

9. Types of Evidence Privileged Communications Similar Fact Evidence
Not required as evidence in a court
Spouse, doctor, clergy…
Similar Fact Evidence
Shows the accused has committed similar offences in the past
Hearsay Evidence
Something that someone other than the witness has said or written
Usually not admitted in court
Admissible: quoting a dying person if that evidence would have been admitted if the person had lived or proof a statement was made

10. Types of Evidence continued
Opinion Evidence
What an expert witness thinks about certain facts of a case
Must be on topic that is outside the “experience and knowledge of a judge or jury”, and relevant to the case
Character Evidence
To show negative characteristics and previous convictions
Crown: Limited in its use – jury must decide on facts of case not character of the witness or their history
Defence: introduced to support accused credibility. Once witness is introduced, the Crown is then permitted to question!
Photographs
Must be a accurate portrait of the crime scene

11. Types of Evidence continued
Electronic devices and video surveillance
Admitted in court only if Criminal Code procedures have been strictly followed
Warrants , not private conversations….
Last resort
Without authorization – to prevent an unlawful act that could cause physical harm
Video surveillance (public spaces) – admitted in court
Polygraph
Inadmissible in court (1978 Supreme Court ruling)
Confessions (inculpatory / exculpatory)
Accused acknowledges the charge
Accused must be advised of the right to legal counsel before making a statement – otherwise confession is inadmissible

12. Witnesses
List of Crown witnesses must be given to the defence prior to the trial
Witnesses usually appear voluntarily
May be served a subpoena
Refusal to appear – arrest warrant and detained for 30 days
If justified (Judge’s decision) may be detained 90 days, found guilty of contempt of court

13. Witness continued Must swear an oath
On bible
Affirmation (to tell the truth)
Perjury - knowingly giving false testimony with the intent to mislead
Max sentence 14 yrs
Adverse witness
Hostile to a particular position – may be called by both Crown and defence
Side that calls an adverse witness cannot bring forward evidence of the witness’s bad character
Can contradict by offering other evidence

14. Rules Of Evidence
During a trial, the Crown or the defence may object to questions asked or the answers provided by witnesses.
When an objection is made the judge rules on whether the evidence in question is admissible or accepted by the court.
Common grounds for objection include:

15. Rules of Evidence
Leading questions – A question that suggests to a witness a particular answer. Such a question is not allowed during direct examination. Hearsay statements – Evidence given by a witness based on info received from someone else rather than personal knowledge. Opinion statements – A witness cannot be asked their opinion on something unless they have been qualified as an expert witness. Immaterial/Irrelevant questions – A question that has no bearing on the case.

16. Questioning a Witness
Examination-in-chief: 1st questioning of a witness. (Can’t ask leading questions – yes / no answers) i.e. You were at Duffy's bar on the night of July 15, weren't you?
Non- Leading – i.e. Where were you on the night of July 15?
Defense cross-examines witness. May ask leading questions
Witness credibility is what counts!
Crown may re-examine the witness

17. Rules of Evidence
Mostly contained in common law. Some provisions found in statute law
Canada Evidence Act
Admissibility of evidence is questioned during trial, judge orders a voir dire (trial within a trial to determine if the evidence can be shown to the jury)
Self-Incrimination
CCRF, Section 13 – protects witnesses
Behaviours or evidence that indicates one’s guilt (any other proceedings. Exception, purjury)
Designed to encourage witnesses to answer all questions
Canada Evidence Act - witness can object to any question on the grounds of self-incrimination

18. Defence: evidence May call for a directed verdict
Crown has not proven actus reus and mens rea
Must establish reasonable doubt

19. Appeals The ability to appeal is an important safeguard in our system.
Notice of an appeal must be filed quickly, usually within 30 days.
An appeals court hearing the case can affirm the lower court’s decision, reverse it or order a new trial.
Both the defence and the Crown can appeal a case it considers improper. They can appeal the decision or the sentence.
The side that files the appeal is called the appellant, the responding side is called the respondent.
The appeal is usually heard by a panel of 3 to 5 judges, who only have to reach a majority decision. A written opinion of both the majority and dissenting sides can be issued.

20. Recap -How the case is presented
Opening Statements
The crown presents their case first, allowing for the Defence to cross-examine any witnesses.
After, the Defence can call for a motion to dismiss the case, also known as a direct verdict, decided by the judge.
Then the Defence presents and the Crown may cross-examine
Closing Statements (now the crown goes last)
Judge’s Charge: judge reviews evidence, explains applicable laws
Verdict: acquittal or conviction
Sentencing: the punishment is given if the accused is convicted
Motion to dismiss if the crown hasn’t proved their case beyond a reasonable doubt