Chapter 6 - Trial Procedures

Question 1

What does the judge do?

Answer 1

• Full control of courtroom during preliminary trials/hearings
• criminal court proceedings they decide what evidence is admissible

Question 2

Crown attorney

Answer 2

The lawyer who prosecutes on behalf of the government and society

Question 3

Defence counsel

Answer 3

• The legal representative of the accused

- must represent the accused to the best of their ability

Question 4

Court clerk

Answer 4

A person who keeps records and files, and processes documents for a court

Question 5

Court recorder

Answer 5

• A person who documents court proceedings

- kept for transcripts to use (if necessary) in trials for appeals

Question 6

The sheriff

Answer 6

• carry most of the court admin and trial preparation
• makes sure accused appears in court
• finds prospective jurors
• assists Judge

Question 7

Empanelling

Answer 7

Process of selecting the 12 jurors for a criminal trial

Question 8

How is a jury chosen?

Answer 8

• created from list of all people living in the area where the court is located
• selection committee randomly picks 75-100 names
• summoned to court to ensure who is Eligible for the case (not biased/have opinions)

Question 9

Jury panel

Answer 9

Large group of citizens randomly selected for possible jury duty

Question 10

Who can be exempted from jury duty?

Answer 10

• members of provincial legislatures and municipal governments
• judges, lawyers, law students
• doctors,coroners, vets
• cops (law enforcement)
• Visually impaired people
• mental/physical disability
• anyone who’s served jury duty within the last 2-3 years
• convicts of indictable offences and have not been pardoned

Question 11

Challenge for cause

Answer 11

A formal objection to prospective juror for specific reasons

Question 12

Challenge of jury list

Answer 12

• Crown or defence can challenge validity of the jury list

- rarely done

Question 13

Peremptory challenge

Answer 13

Formal objection to a potential juror for no specific reason

-allows defence and crown to eliminate a prospective juror with no reason

Question 14

Jury duty rules

Answer 14

• cannot discuss the case with anyone other than the other jurors
• follow media reports about the case
• disclose any info from jury discussions that is not revealed in open court even after conclusion of trial

Question 15

Sequester

Answer 15

To keep the jury together and isolated until it reached a verdict

Question 16

Verdict

Answer 16

The final decision of a trial (guilty, not guilty)

Question 17

Arraignment

Answer 17

At the opening of a criminal trial the charge read to the accused in the plea and

Question 18

Direct evidence

Answer 18

Info given by an eyewitness about the event in question

Question 19

Circumstantial evidence

Answer 19

Indirect evidence not based on personal knowledge

Ex. DNA tests, fingerprints

Question 20

Examination-in-chief

Answer 20

The questions a lawyer asks her/his own witness in court

Question 21

Cross-examination

Answer 21

The questions a lawyers asks a witness called by opposing side

Question 22

Leading question

Answer 22

A question that contains the desired answer

Question 23

Direct verdict

Answer 23

When a judge withdraws the case from the jury and find accused not guilty due to the crown not proving its case

Question 24

Can a lawyer ask LEADING QUESTIONS during direct examination? (Examination-in-chief)

Answer 24

No.

B/C the lawyer knows what he/she knows due to interviews during preparation

Question 25

Subpoena

Answer 25

Court document ordering a person to appear in court

Question 26

Perjury

Answer 26

The act of knowingly giving false evidence in a judicial proceeding

Question 27

Steps in presenting evidence

Answer 27

1. Crown starts with examination-in-chief of witness 2. Defence may cross-examine witness 3. Crown may re-examine witness 4. Defence may re-examine witness with judge permission 5. Defence presents evidence 6. Crown may cross-examine witness 7. Defence may re-examine witness 8. Crown may make a rebuttal 9. Defence may make a surrebuttal

Question 28

voir dire

Answer 28

Type of mini-trial held within an actual trail to decide if certain evidence is admissible

Question 29

Self-incrimination

Answer 29

Act of implicating oneself in a crime

Question 30

Privileged communications

Answer 30

Confidential communication in which cannot be disclosed

Question 31

Similar fact evidence

Answer 31

Evidence which shows the accused has done similar offences in past *jury can hold a voir dire to determine whether evidence is necessary for case

Question 32

Hearsay evidence

Answer 32

- Something someone other than witness has said or written - one quoting a witness - not admissible unless passing words of dying person

Question 33

Opinion evidence

Answer 33

Expert witnesses who give an opinion on what happened | Ex. Blood splatter (forensics)

Question 34

Character evidence

Answer 34

- The crown may not introduce character evidence unless the defence enters character evidence first - info indicating the likelihood of the accused committing the crime (vice versa)

Question 35

Photographs (evidence)

Answer 35

Pictures may be admitted as long as they are not simply to inflame the jury

Question 36

Electronic devices/surveillance footage

Answer 36

Evidence can only be admitted if obtained legally

Question 37

Polygraphs

Answer 37

Hearsay evidence and are not admissible | -only what the accused said to the tester may be used in court

Question 38

Confessions

Answer 38

A statement made under detention can either be inculpatory (admission) or exculpatory (denial) Jury can deny confession if chosen in decision process

Question 39

Illegally obtained evidence

Answer 39

Been admitted depending on the severity of the offence - how it was committed - how the evidence was obtained

Question 40

Inculpatory

Answer 40

Guilty

Question 41

exculpatory

Answer 41

Not guilty

Question 42

Summation

Answer 42

Formal conclusion which sums up key arguments and evidence given by each side

Question 43

Closing statement

Answer 43

Another term for summation

Question 44

Charge to the jury

Answer 44

Judges instructions to the jury at the end of the trial

Question 45

Hung jury

Answer 45

A jury in which cannot come to a verdict in a criminal case