Procedure Procedure at Trial. 1) Court Clerk reads the charge Indictment - if vague - quashed...
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Transcript of Procedure Procedure at Trial. 1) Court Clerk reads the charge Indictment - if vague - quashed...
2) Defence enters plea
Guilty Not guilty (never pleads innocent) Special plea
autrefois acquit autrefois convict
3) Judge’s opening remarks to the jury
Describe role of judge, jury, crown attorney and defence counsel Judge Supreme on law Jury Supreme on facts Evidence is sole basis of the verdict Judge explains relevant law(s)
4) Crown’s opening remarks to the jury
Briefly outlines the evidence who they will call what they will prove - etc. reminds jury of duty and opportunity to restrict
and curtail crime
5) Crown Examination of Crown Witness
called “examination-in-chief” establishes case only direct evidence allowed no leading questions no hearsay evidence
6) Defence cross-examination of crown witness
Purposes of cross examination 1) Test credibility- trustworthiness -(criminal record?) 2) Test reliability - powers of recall 3) Offer different interpretation of the facts
7) Crown re-examination of crown witness
Clarifies (re-establishes) points put in doubt during cross examination
No questions on new topics allowed
Two reasons why the defence may decide not to call any witnesses
1) Strategic give up opportunity to speak to the jury last
2) To not expose the accused to a rigorous cross-examination note: if the accused has a criminal record it would
be exposed during cross-examination
When the defence calls witness(Steps 8, 9, 10)
8) Defence Examination of Defence witnesses alibi or absence of motive or character witnesses
9) Crown cross examination of Defence Witnesses Test credibility, reliability etc
10) Defence re-examination of defence witness re-establishes evidence established in examination in chief
11) Defence sums up to the jury
Reminds jury of presumption of innocence beyond a reasonable doubt
Goes over all of the evidence that raises a reasonable doubt
Attempts to evoke sympathy
12) Crown’s summations to the jury
Synthesizes the evidence in a manner that establishes guilt
Reminds jury of the juror’s oath and their duty to convict
13) Judges charge to the jury
Note: often grounds for appeal (if not done properly) Explains applicable laws and applies them to the facts of the
case Must emphasize and explain presumption of innocence Describes possible verdicts Describes applicable defences ( self defence/necessity etc.)
Gives opinion on credibility of witnesses Asks lawyers for input
Directed Verdict
Defence can ask judge to direct the jury to come up with a not guilty verdict if the defence is able to convince the judge that the crown did not establish the essential elements of the crime identity of the accused nothing actually stolen substance actually not a controlled substance
14) Jury deliberates to determine verdict
Go over evidence, law, judge’s charge Verdict must be unanimous Possible verdicts
guilty as charged guilty of a lesser included offence
murder to manslaughter not guilty
15) Jury gives verdict
Foreperson announces verdict no reason given
either counsel can poll the jurors individually rarely done(last ditch effort)
16) Remand for sentence
Pre- sentence report is prepared by a probation officer gives profile/ history of accused assists judge in giving an appropriate sentence usually about three weeks
17) Judge gives sentence
Judge gives a sentence anything up to the maximum specified in the
criminal code possible sentences
incarceration suspended sentence restitution
judge explains reasons/goals of sentence
Perjury
Giving false evidence with intent to mislead Note: if accused got an acquittal due to
perjury he/she is not retried for the original offence but instead is charged with perjury
use the transcript for evidence at the perjury trial
Voir Dire
“to see” “to say” To determine the admissibility of the
evidence in the absence of the jury Considered to be a trial within a trial Judge rules on whether or not the jury can
hear the evidence e.g. if statement is voluntary or not