Trial Procedures Test Review

Law 120

(in Criminal Trial Process Handout P. 169)

1. Draw & label the layout of a typical Cdn. courtroom.

Judge – has full control of the courtroom and decides what evidence or questioning will be admitted in a trial

Crown Prosecutor – represents society in criminal cases and are to see justice is done

Defence Counsel – represent the accused to ensure that their legal rights are protected

Court Clerk – reads out charges, swears in witnesses, tags evidence, handles paperwork/routine tasks of court

Court Recorder – records all statements and questions during a trial. Sheriff – ensure the accused appears in court, finds prospective

jurors, serves summonses, and carries out court orders

2. Explain the role of each of the following people in the courtroom

computer generated list then selection committee randomly chooses 75-100 names form that list.

3. How are people selected for jury duty?

People given notices to appear in court. Appear in courtroom and cards with names placed in barrel. Names drawn for each trial and these people are questioned by lawyers to select jury.

4. Explain the process involved once a person has been selected for jury duty.

MP’s, senators, members of provincial legislatures and municipal governments

judges, justices of the peace, lawyers and law students

doctors, coroners, veterinarians

law enforcement officers, special constables, sheriffs, prison wardens and guards and their spouses

people who are visually impaired

people with a mental or physical disability that seriously impairs their ability to complete jury duty

anyone who has served on a jury within the preceding two or three years

anyone convicted of an indictable offence that has not pardoned 

5. List the people who are usually exempt from jury duty.

challenge for cause – a formal objection to a prospective juror for reasons such as the juror’s knowledge of the case or lack of impartiality

peremptory challenge – a formal objection to a potential juror for which no specific reason is given.

6. Explain the difference between a challenge for cause and a peremptory challenge.

high treason or first-degree murder – 20 challenges

a charge where the penalty is five years or over – 12 challenges

a charge where the penalty is under five years – 4 challenges

7. How is the number of peremptory challenges in a trial determined and indicate the number of challenges for each.

discuss the case with anyone other than other jurors

follow media reports about the case

disclose any information from the jury discussions that is not revealed in open court.

8. What restrictions are placed on jurors during a trial?

To prevent from being influenced by outside information or by anyone with an interest in the case.

This ensures that the verdict is based solely on the evidence presented in court.

9. When might a judge sequester a jury?

direct evidence – information given by a person who witnessed the event in question

circumstantial evidence – information that relates only indirectly to the alleged offence

 

10. Explain the differences between direct and circumstantial evidence.

witness who does not appear can be served arrest warrant detained 30 days

if judge finds justifiable, witness can be detained up to 90 days

11. Explain the consequences of not attending court when issued a subpoena.

to determine the admissibility of questioned evidence during a trial (trial within a trial)

 

12. What is the purpose of a voir dire?

out-of-court statement can be admitted as being said but not its contents

if the witness is quoting a person who was dying

evidence must be necessary and reliable

13. When is hearsay evidence considered admissible in court?

To review the facts to define and explain the law that applies to the case.

jury is removed and then both sides present arguments. Jury returns and judge may present a recharge.

14. What is the purpose of the judge’s charge to the jury?

when jury cannot reach a verdict

mistrial declared and accused gets new trial with new jury

15. When is a ‘hung jury’ declared and what happens to the accused in this situation?

any evidence gain through electronic surveillance is admissible if authorized beforehand by a judge to protect privacy rights

exceptions – police officer believe situation is an emergency or interception is necessary to prevent a violent act

16. Explain the rules of law that govern electronic surveillance.

polygraphs are dependent on skill of examiner for accuracy. Even the best are less than 100% accurate.

17. Why are polygraphs not admissible in court and what is their main weakness?

within 30 days after a verdict

18. When must an appeal be filed?

uphold the lower court’s decision reverse the lower court’s decision order a new trial

19. What options are available to the higher court when hearing an appeal?

adversarial system – an approach based on two opposing sides, in which each side presents its case in courtchallenge for cause – a formal objection to a prospective juror for reasons such as the juror’s knowledge of the case or lack of impartialityleading questions – questions that prompt the witness to give the answers wantedtestimony – a sworn statementperemptory challenge – a formal objection to a potential juror for which no specific reason is given.court clerk – a person who keeps records, files and process documents of the courtsequester – to keep a jury together and away from non-jurors until it reaches a verdictdirected verdict – a judge’s decision to find an accused not guilty because the Crown has not proven its casecourt recorder – a person whose job it is to document all spoken evidence, comments and questions in the court proceedings.Rebuttal – a contradiction of evidence introduced by the opposing sidesurrebuttal – evidence presented in court to counteract or disprove evidence in the other party’s rebuttalstay of proceedings – a court order to stop the trial proceedings until a certain condition is met.direct evidence – information given by a person who witnessed the event in questionsubpoena – a court document ordering a person to appear in court for a specific purposeempanelling – the selection of a jurydirect examination – the first questioning of a witness during court proceedingsperjury – the act of knowingly giving false evidence in a judicial proceeding with the intent to misleadburden of proof – the Crown’s obligation to prove the guilt of the accused beyond a reasonable doubtpolygraph test – a machine that allows a skilled examiner to detect physical signs that indicate the person being examined is lyingappellant – the party that files an appealcircumstantial evidence – indirect evidence that reasonably suggests a defendant’s guiltsummation – for each side in a trial, the formal conclusion, which sums up key arguments and evidencerespondent – the party that responds to an appealopinion evidence – evidence based on the thoughts of the witness, usually an expert in his/her fieldcharge to the jury – after summations in a trial, a judge’s instructions to the jurycharacter evidence – evidence used to establish the likelihood that the defendant is the type of person who would/wouldn’t commit a certain offencehung jury – a jury that cannot come to a unanimous decision in a criminal casehearsay evidence – information not coming from the direct, personal experience or knowledge of the witnessvoir dire – a trial within a trial to decide if certain evidence is admissible