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 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.

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Presentation on theme: " 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."— Presentation transcript:


2  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  Certain principles underlie all criminal trials in Canada  These principles are intended to guarantee fairness and, in particular, to strike a balance between the power of the state and the civil liberties of the accused.

4  Rule of Law  No one is exempt from the law and it applies to all  Specific Allegation  Specific charge under the Criminal Code under specific circumstances  Case to meet  Crown Attorney presents evidence first and bears the burden of proof  Accused cannot be forced to testify  Reasonable doubt  Implies an honest or moral doubt as to whether the accused is guilty of the crime  Acquittal  Meaning declared not guilty

5  Presumption of Innocence  Innocent until convicted at trial  Disclosure  Involves providing the defense with all relevant information to defend a charge  Open and Public Trial  Justice must be seen to be done  Independent and Impartial Adjudication  Both judges and juries must be open-minded  Recuse –judge steps aside if conflict of interest

6  Crown 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

7  Judge  Impartial  Trier of law  Trial without jury Determines credibility and admissibility of evidence

8  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

9  Jury  Ordinary citizens that ensure justice is served  Selected at random from potential voter’s list  Once selected, potential jurors required to complete a questionnaire  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.

10  Jury panel 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

11  Evidence is the way in which the Crown and the defense try to reconstruct the chain of events.  The evidence tries to convey the facts to the court so that a judgement can be announced.  Only relevant evidence is usually admissible  Evidence can be excluded from the trial if proper procedures during the investigative process are not followed.

12 1) Direct Evidence:  Evidence given by a witness  Usually a verbal description of what the witness knows about the events  The way a witness describes and interprets the event depends on the individual’s personal filters (what they saw, heard, smelled or felt about an event)  Eye witness evidence: BIU BIU

13  The witness first tells his/her story to the court in examination in chief  Examination in chief: oral examination of witness by the lawyer who summons the witness to testify  The witness is then cross-examined by the opposing lawyer  Cross examination: oral examination of a witness by a lawyer who did not summon the witness to testify, designed to challenge the witnesses’ evidence

14  Indirect evidence that links the accused to the crime  For example, something belonging to the accused may have been left at the crime scene but there is no direct evidence to prove that the accused actually committed the crime.

15  Aka. “Real evidence”  evidence that consists of physical objects that can be offered into evidence.  Example: The cookie jar with the child’s fingerprints on it.  Other typical examples…  weapons,  tools,  tool markings,  fingerprints,  blood, hair, skin samples

16  Hearsay: Evidence consisting of matters that witness was told  Witnesses cannot testify about indirect knowledge Example:  Daniel assaults Dylan  Paul was there to see it  If Jesse testifies that Paul told her that Daniel assaulted Dylan it is deemed second hand information and therefore hearsay

17  A mini-hearing held during a trial on the admissibility of challenged evidence  Example: a defendant may object to a plaintiff’s witness. The court would suspend the trial, immediately preside over a hearing on the standing of the proposed witness, and then resume the trial with or without the witness, or with any restrictions placed on the testimony by the judge as a result of the voir dire ruling. In a jury trial, the jury would be excused during the voir dire.

18  Read pages 310-326 (be sure to read “The Wrongful Conviction of Guy Paul Morin)  Answer questions: #1-3 on page 326 #11,12, 17, 18 on page 327 Define: stay of proceedings, motions for adjournment, challenge for cause, peremptory challenge, victim impact statement

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