The Course of Evidence Flashcards
(16 cards)
Judge’s role in a trial by Jury
- Decide all questions concerning the admissibility of evidence
- Explain and enforce the general principles of law applying to the point at issue
- Instruct the jury on the rules of law by which the evidence is to be weighed once it has been submitted
What 2 systems of justice does the conduct of criminal trials follow?
Adversarial
Accusatorial
What are the essential features of the adversarial and accusatorial system of justice?
- The facts and evidence emerge by means of questions
- It is up to each party to decide what witnesses to call
- Each party has the right to test the testimony of witnesses through cross-examination
- During the trial, the judges function is to ensure that evidence id produced according to the established rules
- The defendant does not have to give evidence
How old must a person be to be required to take an oath or affirmation?
12 or older
What “oath” must a child take before giving evidence?
- Be informed by the judge of the importance of telling the truth and not telling lies
- After being given that information, make a promise to tel the truth, before giving evidence
What is the usual order for a Jury trial?
- Prosecution open the case
- Call witnesses
- Defence opening
- Defence call witnesses
- The Court may give the defendant leave to make an opening statement before the prosecution calls any witnesses
Examination of witnesses order:
a) A witness first gives evidence in chief
b) after giving evidence in chief, the witness may be cross-examined by all parties
c) after all parties who wish to do so have cross-examined the witness, the witness may be re-examined
Sequence of Jury trials: (Steps 1 & 2)
- After the jury has been empanelled and a foreperson selected, the judge commences the trial with some brief opening instructions
- The Crown then makes an opening address
Sequence of Jury trials: (Steps 3 & 4)
- Following the Crown opening the case for the Crown is then presented. Each prosecution witness is called and questioned by the prosecution.
- If the defence intends to call evidence, it will open its case at the conclusion of the Crown
Sequence of Jury trials: (Steps 5 & 6)
- The defence then presents its case by calling its witness.
- The Crown then concludes by making a closing address to the jury. (Summarise)
Sequence of Jury trials: (Steps 7 & 8)
- Following the Crown closing, the defence makes a closing address to the jury (summarise)
- Finally, the judge sums up to the jury before it retires to consider its verdict
Explain the four categories of offences and the distinctions between JAT’s and jury trials:
JAT - Category 1 & 2 (not punishable by imprisonment or less than 2 years imprisonment)
JAT with the ability for election of trial by jury - Category 3 offences (2 years imprisonment or more)
High Court - Category 4 offences (A JAT can be ordered in long and complex cases or cases involving issues of juror intimidation)
Explain what a “view” is:
A “view” is an inspection of a place or thing that is not in the courtroom.
Who decides whether a “view” should be held?
Judge
When would demonstrations or reconstructions be held?
They may be held if relevant and if their probative value outweighs the risk or unfair prejudicial effect on the proceeding.
What is the restriction on commenting on whether the defendant has given evidence?
In a criminal proceeding, no person other the the defendant, their counsel or the Judge may comment on the fact that the defendant did not give evidence at their trial.
