TRIAL PROCEDURE

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 Crowns 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.
  Coroners 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