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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
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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.