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Criminal law; Chapter 9

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schoolstudycanada's version from 2018-04-08 19:25

Section 1

Question Answer
Order of criminal trial- Arraignment
- Jury selection
- Jurors appoint foreperson
- Crown gives opening statement
- Crown brings examination in chief (they begin providing their points)
- Defence cross examines
- Crown rebutes (ask more questions to counter the "damage made" by the defence)
- Defence gives opening statement
- Defence brings in their examination in chief
- Crown cross examines
- Defence SUR-REBUTES (fancy way of saying REBUTES)
- Defence Summation (conclusion)
- Crown Summation
- Judge charges jury
- Jury deliberates (thinks about their decision)
- Jury returns with verdict
Voir DireA "trial within a trial". Used to determine the admissibility of evidence.
ArraignmentReading of charges; the accused pleads guilty or not-guilty
DisclosureCrown MUST give all evidence to defence beforehand (this is due to the government having MUCH more resources)
Pre-sentence reportReport made by probation officer to assist judge in scentancing
Temporary Absence ProgramConvicted person is placed on parole for brief periods
What do Jury's do?12 people chosen from random (to represent society) and decide fate of the accused.
- Cannot be less than 10 jurors
Preemptory ChallengePotential juror is "kicked off" by a lawyer and no reason is required
MistrialNew trial is ordered
Charge to jury(After Defence and Crown have given their conclusions) The judge gives the jury possible legal punishment and issues of the case
Challenge for causeA potential juror is not eligable in cases where:
- They have already formed an opinion
- They know the victim
- Are physically unable to fulfil the duties of a juror
- Convicted of a previous crime
Hung JuryThe jury is unable to come to a UNANIMOUS decision.
Jury SecrecyJurors are forbidden to talk about what happened in the jury room. The jury is also SEQUESTERED
Sequestering a jury"Hiding"/"Protecting" the jury from outside influences until they reach a verdict.
- e.g: putting them in hotel room with no access to the outside world
memorize

Section 2

Question Answer
Ontario court of justiceAdministered by provincially appointed judges.
- Deals with less serious criminal cases (summary) and family cases (adoption, child protection)
Superior court of justiceAdministered by federally appointed judges.
- Deals with criminal trials (indictable offences)
-"Advanced" family issues (divorce, custody, support)
- ALL CIVIL cases
Ontario court of appealAdministered by federally appointed judges. Ontario and Superior courts of justice appeal here.
SUPREME court of canadaCourt administered by federal government.
- Highest court of justice (id est: SUPREME).
memorize

Section 3

Question Answer
Duty CounselFree consulting lawyer
Crown AttorneyLawyer representing the crown (opposite of the defence... offence?).
Court ClerkReads out charges against accused and tags any evidence.
SheriffOversees jury selection when serious criminal case is occurring.
Court reporterRecords every word spoken. (the human microphone)
Justice of the PEACEUsed for marriage ceremonies, but can also decide weather an accused person has to return to court on their first appearance.
memorize

Types of evidence

Question Answer
Leading questionsquestions designed to provoke the "questionee" to an answer.
It assumes facts before they are established in the trail.
Used ONLY in cross examination
Intimidating questionsWitnesses must answer any questions given to them
Witnesses are protected in the answers they give (their statements will not be used against them)
HearsayNormally inadmissible.
Hearing evidence from a secondary source.
Admissible in a "dying declaration" in cases where the live-witness evidence would be admissable
Opinion statementsNot admissible evidence based on opinion. This is admissible by a professional/expert in the subjects field
Irrelevant questionAlso known as Immaterial.
These (inadmissible) questions have no connection with the subject
Direct evidenceEvidence given by a person who saw or experienced something first-hand
Circumstantial evidenceEvidence/circumstances which leads any normal person to presume that the accused had committed an act.
Polygraph testsNot admissible. It is similar to hearsay (it's also not very accurate)
Character evidenceDetermine if the accused is "good" or "bad" character and their likeliness to commit the crime.
ONLY defence is allowed to INTRODUCE this evidence. Upon doing so, the Crown can try and disprove it
Electronic surveillanceSurveilling a target/s/ via electronics. Used to overhear or record communication between two or more people.
Evidence only admissible if a judge had previously authorised it or where time was a factor
Evidence by a childA child can give evidence as long as they understand that they are expected to give the truth
SpousesSpouses are not compelled to testify against each-other; unless it is sexual offences, neglecting a child, bigamy and theft (from other spouse when separated)
ConfessionsA statement given to an authority (such as a police officer).
- INVOLUNTARY statements are INADMISSIBLE
- INADMISSIBLE if the accused right to counsel (as guaranteed in the charter) is violated
memorize