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TRIAL PROCEDURE

TRIAL PROCEDURE. A criminal trial is an adversarial process – Crown against the accused Arraignment - the reading of the charge ( then accused enters plea). Burden of proof – the Crown’s obligation to prove the guilt of the accused beyond a reasonable doubt.

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TRIAL PROCEDURE

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  1. TRIAL PROCEDURE A criminal trial is an adversarial process – Crown against the accused Arraignment- the reading of the charge ( then accused enters plea)

  2. Burden of proof – the Crown’s obligation to prove the guilt of the accused beyond a reasonable doubt. • Confession - acknowledgement by the accused of the truth of the charge

  3. VOIR DIRE - a trial within a trial to determine the admissibility of evidence • Admissable evidence: • relevant • reliable • fair

  4. Types of Evidence • DIRECT EVIDENCE - evidence given by the witness to prove an alleged fact. (eg. an eyewitness account) • CIRCUMSTANTIAL EVIDENCE - all evidence of an indirect nature (eg. A witness testifying that the accused was in the area when the crime occurred)

  5. SIMILAR FACT EVIDENCE- evidence the accused had previously committed a similar offence • HEARSAY EVIDENCE - evidence of what someone other than a witness saw ( usually not admissable)

  6. OPINION EVIDENCE- evidence of what a person thinks in regard to facts in dispute ( generally not admissable unless experts’ opinions) eg. Coroner’s report

  7. Character evidence- evidence used to establish the likelihood that the defendant is the type of person who would or would not commit a crime

  8. Define the following from your text or sheet*: • Affirmation/oath • contempt of court • credibility • direct examination* / cross examination* • perjury • privileged communications • self-incrimination • stay of proceedings • subpoena • verdict and directed verdict* • motion for dismissal*

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