The Criminal Court

1. The Criminal Court Chapter 7

2. Background • English Law practice dates back to William the Conqueror, 1066. • “Court” refers to an enclosed place. • Constitution Act 1867 divided the responsibilities of Canada’s criminal courts to provincial and federal governments.

3. Government • Federal Parliament is responsible for formulating criminal law and procedure. • It has created three areas of Law: 1. Supreme Court of Canada 2. Federal Courts of Canada 3. Tax Court of Canada • Provincial governments organize and maintain the criminal court system. They also appoint their judges. • Federal government appoints federal court judges as well as superior court and appeal court judges.

4. Provincial Courts • Two sections: 1. Provincial Courts- Trials only. -trial by judge only 2. Superior Courts of the province a. Trials b. Appeals

5. The Courts • Provincial court: The lowest level in the hierarchy of Canadian courts. • Superior Court of the province: the highest criminal court, consisting of a trial division and appeal division. • Court of appeal: A court with the authority to review decisions made by lower courts.

6. Court continue… • Federal Court of Canada: a court that hears cases involving the federal government. Has trial and appeal division. • Supreme Court of Canada: the highest appeals court in Canada. Also deals with constitutional questions referred to it by the federal government.

7. Important definitions • Preliminary hearings: a judicial inquiry to determine whether there is sufficient evidence to put the accuse on trial. • Appeal: An application to a higher court to review the decision made by a lower court. • Leave: Permission to appeal a case from a lower court to a higher court. • Beyond reasonable doubt: a standard of proof whereby a defendant’s guilt must be proven to the extent that a reasonable person would have no choice but to conclude that the defendant did indeed commit the crime.

8. The Participants • Judge: The court official appointed to try cases in a court of law and to sentence convicted persons. • Justice of the peace: a court official who has less authority than a judge but can issue warrants and perform other judicial functions. • Accused (defendant) in criminal court, the person charged with committing the offence.

9. More Participants • Accused: (defendant) in criminal court, this is the person charged with the criminal offence. • Duty Counsel: The lawyer on duty in the courtroom or police station to give free legal advice to persons who are arrested or brought before the court. • Defense counsel: the lawyer who defends the accused. • Crown Attorney (prosecutor) The lawyer that represents the government, responsible for instituting legal proceedings against the accused.

10. Even More Participants • Court Clerk: The court official who assists the judge. • Court reporter: The court official who records everything said during a trial. • Court security officer: The court official who maintains the security of the room. • Sheriff: The court official responsible for jury management. • Bailiff: The court official who assists the sheriff. • Witnesses: Persons who give evidence while under oath in a court of law.

11. The final list of Participants • Jury: in a criminal trial, a group of 12 people who decide whether the accused is guilty or not. • Jury Panel: A large group of randomly selected citizens from which jury members are chosen.

12. Preliminary Hearing • Promise to appear: A signed agreement that an accused person will appear in court at the time of the trial. • Recognizance: a guarantee that the accused will appear in court when required, under the penalty of a fine up to $500. • Surety: a person who agrees to make payment if the accused does not appear at trial. • Bail: the temporary release of an accused who posts money or some sort of other security.

13. First things first. • Show-case Hearing: a judicial hearing in which the crown or the accused has to convince the judge either top detain or release the accuse before the trial. • Reverse onus: the burden of proof shifts to defense. • Property bond: This is when money is not available to post a bail and property or other assets are posted instead.

14. Choosing a Jury activity. • Challenge for a cause: the right of the crown or defense to exclude someone from jury for a particular reason. • Peremptory Challenge: The right of the crown or defense to exclude someone from a jury without providing a reason.

15. Language of the Court • Evidence: information that tends to prove or disprove the elements of an offence. • Transcript: a typed record of everything said in a court trial. • Subpoena: a court order requiring a witness to appear in court on a certain date to give evidence. • Perjury: knowingly makes false statements in court while giving evidence under oath or affirmation. • Arraignment: The first stage of the criminal trial in which the court clerk reads the charge and the defendant enters a plea.

16. The Language of Law • Burden of proof: The Crown’s obligation to prove the guilt of the accused beyond a reasonable doubt. • Direct examination: The first question of a witness to determine what he or she observed about the crime. • Cross-examination: The second questioning of a witness to test the accuracy of the testimony; performed by the opposing attorney. • Motion for dismissal: A request by defense counsel that the judge dismiss the charges against the defendant.

17. The language of law continued: • Rebut: to contradict evidence introduced by the opposing side. • Surrebuttal: a reply to the opposing side rebuttal. • Hearsay Evidence: Evidence given by a witness based on information received from someone else rather than personal knowledge. • Opinion statements: When a witness gives information on their own opinion. Defense and prosecution cannot ask for the witness to give their opinion unless they are an expert in a particular field related to the crime. • Immaterial or irrelevant questions: The questions must be relative to the case in question.

18. The language of law continued • Non responsive answer: when the witness gives and answer that does not address the question. • Direct evidence: testimony given by a witness to prove an alleged fact. • Circumstantial Evidence: indirect evidence that leads to a reasonable inference of the defendant’s guilt. • Character Evidence: evidence used to establish the likelihood that the defendant is the type of person who either would or would not commit a certain offence.

19. Suerveillance • Electronic surveillance: the use of any electronic device to overhear or record communications between two or more people. • Wiretapping: the interception of telephone communications • Bugging: recording a speaker’s oral communication by using an electronic device. NOTE: all of these must be authorized by a judge before hand in order to be admissible in court.

20. Other methods • Polygraph: “lie detector” is a machine that allows examiners to determine physical signs that indicate deception. • Voir Dire is a mini-trial in which the jurors are excluded while the admissibility of evidence is discussed. • Charge to the jury: the judge’s explanation to the jurors of how the law applies to the case before them.

21. The end result • Hung jury: a jury that cannot reach a unanimous verdict and is consequently dismissed from the case. • Appellant: The party that files for an appeal. • Respondent: the Party that responds to the appeal. • Mistrial: A trial that becomes invalid because of basic prejudicial error in procedure. • Sentencing: a conclusion given on request or reached after deliberation.