Presumed Guilty until Proven Innocent: The Burden of Proof ...
THE CRIMINAL COURT SYSTEM The Participants. BURDEN OF PROOF 2 Fundamental Principles: Accused is...
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Transcript of THE CRIMINAL COURT SYSTEM The Participants. BURDEN OF PROOF 2 Fundamental Principles: Accused is...
THE CRIMINAL COURT SYSTEM
The Participants
BURDEN OF PROOF
2 Fundamental Principles:• Accused is innocent until proven
guilty.
• Guilt must be proved beyond reason doubt.
THE JUDGE
Controls admission of evidence
Controls the trial
Instructs jury
Sentences the convicted person
“Trier of law”
JUSTICE OF THE PEACE
Has less authority than a judge.
Can issue arrest warrants, search
warrants, bail hearings.
THE ACCUSED
The person charged with committing
a criminal offence.
Often called the defendant
COUNSEL
Duty Counsel – lawyer on duty in police station or
courtroom who gives free advice to the person just
arrested.
Defence Counsel – the lawyer who represents the
accused on trial. Public defender will help those
who cannot afford a lawyer.
THE PROSECUTION
Crown Attorney (Prosecutor) – the
lawyer who represents the government
WHO ELSE MIGHT BE AT THE TRIAL?
Court Clerk – Assists the judge
Court Reporter – types everything said in the court
Transcript – typed record of every said in the court
Court Security officer – maintains security in the
court
Sheriff – manages the jury
Bailiff – assist the sheriff
THE WITNESSES
Witnesses give evidence under oath.
Subpoenas are court documents requiring the witness
to appear in court on a certain date. (in Pineapple
Express, Seth Rogen delivered subpoenas as a job)
Perjury – knowingly making false statements in court
while under oath. • Perjury is serious – so serious it could put you in
jail for 14 years.
THE JURY
A jury is a group of 12 men or women
chosen by the crown and the defense
counsel. They will decide, beyond a
reasonable doubt, whether or not the
accused is guilty. Their decision must be
unanimous.