The Plan… 21 Oct 2013

1. The Plan…21 Oct 2013 • Review Homework from last few days • Role of a Jury • Judges Decision • Court room layout • Court room personnel • Finish Chapter 7 • Summary of the Case • BYU Questions • Work on your definitions NOT MISSING WORK Vinnie Maggie Connor Eli Christyn NAME NOT HERE, SEE ME!!!!

2. 7.3 – Summary of a case

3. The Case comes to an end… • Once all testimony has been given by all of those involved in the court proceedings, both counsels present their closing arguments • Done so in a summary of events • If defence called witnesses to the trial, defence counsel closes first; if not Crown closes first • Crown = attempt to show defendant’s guilt has been proven beyond a reasonable doubt • Defense = will try to prove Crown has failed to prove mensreaor actusreus • Without these, reasonable doubt does exist…

4. Charge to the Jury • OF NOTE: the closing arguments are not to be considered as evidence, instead they are “intended to help the jurors better understand the issues involved in the case” • Following the closing arguments, the judge gives a charge to the jury • Explanation of the law and instructions on how the law applies to the case before them • Also advise the jurors on how to consider the evidence and how to return a verdict in accordance with the law

5. Charge to the Jury II • The judge must be careful in making the charge to the jury • If the charge is deficient in any way, it may form the basis for appeal of the verdict • The charge is the most common basis for successful appeal • Following the charge, the sheriff escorts the jury out of the court room • Deliberation occurs on the verdict • Jury’s role to decide what evidence is believable • If jury believe the accused, or if they do not know who to believe, they must acquit • If jury do not believe the accused, but are left with reasonable doubt regarding the defendant’s guilt = not guilty

6. The Verdict • Once the Verdict is reached, it is read in open court • Both the Crown and Defence have the right to ask that the jury be polled • Each juror must stand and confirm their agreement with the verdict • Jury’s verdict must be unanimous • If the jury cannot reach a unanimous decision, they are known as a hung jury; a new jury and trial is set up…

7. Appeals • No system is free from error; for this reason, the right to appeal is an important safeguard in Canada's adversarial system • Notice of appeal = 30 days • Heard in appeals court • Appeal court has three choices • Affirm the lower court’s ruling • Reverse lower court’s ruling • Order a new trial

8. Appeals II • In a criminal case, both the Crown and Defence can appeal a decision they feel is improper • Either side can also appeal the sentence given • Defence: Lower sentence • Crown: Raise sentence • Side that files appeal = appellant • Side that responds to appeal = respondent • Appeal court usually has panel of 3 to 5 judges • Witnesses usually do not testify again, instead attorneys use trial transcript • Appeals court decides if error in law was made • Majority rule not unanimous decision

9. That’s the end of Ch 7 • What you can do: • BYU P 183 Questions 2, 3, 5, 6, 8, & 10 • We will discuss Tomorrow… • Work on definitions