Chapter 8 & 9 Flashcards
Judge
- “bench”/”court”
- appointed by fed/prov govs and must have 10 years of legal experience
- controls events in courtroom, decides guilt or innocence (if no jury), interprets law
Justice of the peace
- less authority than judge but still appointed by gov
- don’t have to be lawyers but need some legal background
- issue arrest/search warrants, hear bail applications, and can issue fines (but can’t send you to jail)
Prosecution
- represents gov/society
- role is not to obtain conviction but to obtain credible evidence
- must present evidence even if it weakens their case
Defense
- represents accused
- shows there’s reasonable doubt (if accused pleads not guilty)
- will recommend appropriate sentence (if accused pleads guilty)
- accused doesn’t have to take stand
Court clerk
- reads out charges, swears in witnesses, tags evidence
Court recorder
- records everything people say during trial
Sheriff
- brings accused to court
- finds jurors
- does administrative work (serves summons and carries out court orders)
Witnesses
- give evidence under oath concerning knowledge of crime
- may be forced to testify by subpoena
- commit perjury if they knowingly make false statements on the stand
Jury
- 12 in criminal, 8 in civil
- ordinary citizens
- listen to evidence and follow judges instructions
- decide on guilt or innocence (must be unanimous in criminal trial)
Jury duty
- receive summons in mail from sheriff to appeal in court
- employers are legally obligated to let people participate in jury duty
- to be a juror, you must be Canadian citizen, 19+, and BC resident for 1+ years
Exemptions from Jury Duty
- full-time student
- health issues, childcare issues
- nursing mother
- self employed or business would be threatened by your absence
- limited ability to speak English
- firm travel plans conflict with trial
- inconvenience is NOT an excuse!!
You can’t be a juror if…
- you’re an elected official
- you work in the justice system (lawyers, police, probation officers, or law school students)
- you’re in the military
- you’ve been convicted of a crime and spent 2+ years in prison
Compensation for Jurors
- receive a small fee for each day you serve
- must provide their own meals unless they’re deliberating the verdict
Empaneling
- jury selected from randomly collected jury panel from voters list
- potential juror goes before court
- crown and defence ask juror basic questions
Arraignment
- first hearing and plea is entered
- if accused enters a not guilty plea, jury selection begins
Challenges to Jurors
- challenge of jury list (prove jury was created unfairly)
- challenge for a cause (juror doesn’t meet requirements…can’t speak English or has opinion about case, etc)…unlimited number
- peremptory challenge (no reason needs to be provided)…set #…20 for serious cases
What happens when you’re selected as a juror?
- if selected, jurors will be sworn in
- jurors must not discuss case with anyone, read media about case, or leak info discussed between jurors
Sequester
- can happen for entire case if it’s high profile
- always happens when a verdict is being reached in any trial
Advantages of Jury
- only need to convince one of reasonable doubt and you’re off the hook
- may look at social values of the time to consider verdict
- may be empathetic to accused
Disadvantages of jury
- may bring personal prejudices into trial (judge can’t)
- may not understand legal technicalities of case
- may be easily swayed by smooth-talking lawyer (unlike judge, who will look at facts)
Self-incrimination
What witnesses say in court can’t be used against them later
Privileged communication
- can’t be required to be presented as evidence
- ex. Conversations between accused and spouse, lawyer, or church official
Similar fact evidence
- shows accused has committed similar offences in the past in order to discredit them
- must be relevant to case
Hearsay evidence
- something that someone other than the witness has said or written
- usually not admissible unless someone’s on their deathbed
Opinion evidence
- what an expert witness thinks about certain facts in a case
- must be relevant and necessary to help judge/jury reach decision
Character evidence
- evidence of negative character traits and previous convictions of the accused
- can only be used by crown if Defense brings it up first…otherwise no
Photographs
- may only be entered as evidence of they are an accurate portrait of the crime scene
Interception devices and video surveillance
- can only be used if criminal code procedures have been followed and must be treated as a last resort
Polygraph evidence
- inadmissible due to lack of credibility
Confessions
- the accused’s acknowledgement that the charge, or some essential part of it, is true or untrue
- can be excluded from evidence of statement was taken involuntarily or before they were informed of charter rights
Inculpatory
An admission
Exculpatory
A denial
Alibi
- places accused somewhere else at the time the crime occurred
- best Defense
Self Defense
- defending yourself using only necessary and reasonable force
- okay defence
Legal duty
- allows certain people to commit acts that would otherwise be offences (ie. Police officers can speed when chasing a criminal)
- very good Defense
Excusable conduct
Behaviour that can be rationalized as to why you committed the crime (ie. Provocation, necessity, duress, honest mistake)
Provocation
- you were provoked…can use as partial Defense
- bad Defense
Necessity and duress
- duress: threat or use of violence
- necessity: had to break law in urgent situation
- okay Defense
Honest mistake
- Offender truthfully didn’t know they were committing a crime…no intent
- okay Defense
Mental disorder
- accused was not mentally fit at time of offended or isn’t mentally fit to stand trial
- good Defense
Intoxication
- can be used to lower convictions because intoxicated people can’t form specific intent
- bad Defense
Automatism
- unconscious, involuntary behaviour (ie. Sleepwalking)
- good Defense
