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The Trial

The Trial. Chapter 10 Pp 310-320. Trial Procedures. Legal principles entrenched in the Charter to ensure procedural safeguards throughout the trial process The burden of proof rests with the Crown to prove his/her case beyond a reasonable doubt

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The Trial

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  1. The Trial Chapter 10 Pp 310-320

  2. Trial Procedures • Legal principles entrenched in the Charter to ensure procedural safeguards throughout the trial process • The burden of proof rests with the Crown to prove his/her case beyond a reasonable doubt • The defence counsel provides a proper legal defence for the accused

  3. Trial Procedures • The judge or judge and jury weighs the facts and evidence to determine the guilt or innocence of the accused • The interests of society and of the victim must be factored into any sentence

  4. Legal Principles • Burden of Proof: Crown must prove the guilt beyond a reasonable doubt • Reasonable Doubt: an honest or moral doubt as to whether the accused is guilty of the crime • Acquitted: declared not guilty • A Judge must instruct jurors on the burden of proof before deliberating

  5. Legal Principles • The presumption of innocence for the arrested until the decision at trial • Judges determine the validity of the arrest • Release of the accused until trial unless there is just cause for keeping the accused in custody

  6. R.v. Oakes (pp 200-201) • The presumption of innocence was violated • Reverse onus provision in the Narcotics Control Act

  7. Legal Principles Continued • Disclosure: Crown must provide the defence with all relevant information to make a full answer and defence to a charge • R.v. Stinchcombe ruled that full disclosure must be made before the accused elects the method of trial and before a plea is entered

  8. Rights on being Charged Section 11 of the Charter guarantees: • 11a Informed of the offence without delay (time to mount your defence) • 11b Tried within a reasonable amount of time R.v. Askov (p. 12) Court recommended 8-10 months as reasonable before a stay of proceedings

  9. Rights on Being Charged • An accused is also protected from having to testify under s. 11(c) of the Charter • The right to be presumed innocent until proven guilty is codified in s. 11 (d) and provides for a fair and public hearing by an independent and impartial tribunal • S. 486 of the Criminal Code assigns judges discretion to exclude the public

  10. Participants in the Trial Process • Judge= impartial or trier of law (apply the law to the facts) • In a trial without a jury the Judge must decide the admissibility and the credibility of the evidence • Crown must adhere to the rules and procedures governing the administration of justice the goal is not to get a conviction, but to the present the facts

  11. Participants in the Trial Process • Defence: prepare a proper legal defence for the accused • Jurors: must be Canadian citizens, not convicted of an indictable offence, not a police officer, lawyer, medical doctor, veterinarian

  12. The Jury • Jury Panel: large group of people who have completed the jury-questionnaire • Challenged: Crown or defence removes juror from consideration • Challenge for cause: bias; he/she knows the accused • Peremptory Challenge: removed without explanation (varying numbers depending on seriousness of the crime)

  13. The Jury • Deliberates: leaves the courtroom to determine a verdict • Charge the Jury: Judge instructs the jury on the law and how it applies to the facts presented in the case

  14. Witnesses • S. 13 of the Charter protects witnesses who testify from having any incriminating evidence used against them in subsequent proceedings with exceptions such as: • Perjury- lying in court under oath • Victim impact statement: outlining the harm done and the effects of the crime on the victim’s life

  15. Admissibility of Evidence • Evidence can be excluded not only when a violation of rights occurs, but also if proper procedures are not followed during the investigation stage

  16. Admissibility of Evidence • Direct Evidence: witness testimony • Physical Evidence: samples of bodily fluids, hair, fibre, fingerprint evidence or weapons • Circumstantial Evidence: indirect evidence that links the accused to the crime

  17. Admissibility of Evidence • Forensic experts conducts tests on the evidence and compiles the results • The evidence is introduced to the courts through the testimony of an expert witness like a Fire Marshall • Voir Dire: the jury is removed while the lawyers argue over the admissibility of the evidence

  18. Admissibility of Evidence • Relevance: legal connection or significance to the case • Leading questions: suggest or imply the answer • Direct Examination: the questioning by a lawyer of his or her own witness • Hearsay evidence: evidence given by a witness that relates to something another person heard or saw

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