Proving the Crime

1
Proving the Crime

• September 25, 2007

2
Objectives Students should understand

• Key Characteristics of the Criminal Trial
• Presumption of Innocence most fundamental value
  and relationship to criminal burden and standard
  of proof
• Difference between evidentiary and legal burden
• Meaning/ Significance of Reasonable Doubt

3
Key Characteristics of the Criminal Trial

• Based on the adversary system
• The Presumption of Innocence
• Separate functions of Judge and Jury
• The Evidentiary Burden and Legal Burden

4
The Adversary System

• Judge remains passive and receives the evidence
• Evidence called by the two parties the state and
  the accused individual or corporation
• Parties have stake in outcome, present evidence
  that will benefit their position
• Trials not an accurate representation of the past
• Evidence must be relevant and material

Truth?????
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The Presumption of Innocence Most Important
Principle

• Based in common law and in s. 11(d) of the
  Charter
• Crown must present evidence to displace this
  presumption beyond a reasonable doubt, a heavy
  burden
• Accused need not disprove anything and need not
  testify

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Presumption of Innocence most important value
(cont.)

• Innocent until proven guilty beyond a reasonable
  doubt by the state
• Role of the Crown (state) to bring about
  justice, not to convict
• No retroactive criminal law (See Section 11(g)
  Charter)
• Section 9 says that there are no common law
  crimes, must be written down
• S. 8 accused gets benefit of common law defences

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Judge/Jury Functions

• Jury is the trier of fact(ie what happened, who
  is to be believed)
• Judge is the trier of law (eg is evidence
  admissible)
• Decisions of fact almost never appealable
• Decisions about law may be appealed
• Judge gives jury instruction on the law
• Often trier of fact and law is the same
  individual (ie no jury, therefore judge performs
  both functions)

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The Two Types of Burdens Evidentiary and Legal

• Evidentiary Burden is initially with the Crown
  Is there evidence to support the case going to
  the trier of fact?
• In law, accused should not be in jeopardy
  because the Crown has not put forward any
  evidence
• At the end of the Crowns case, defence can
  make a no evidence motion

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Evidentiary Burden (cont.)

• If not, no evidence motion granted, jury is
  instructed to acquit
• Issue this is a question of law. What are
  the implications?
• Issue What does this say about confidence in
  the jury?
• Test Is there enough evidence on each element of
  the offence for a reasonable jury, properly
  instructed, to convict?

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Evidentiary Burden(cont)

• In practical terms, evidentiary burden shifts
  between Crown and defence throughout the trial

11
Legal Burden

• Crown must persuade the trier of fact that the
  accused is guilty beyond a reasonable doubt
• If there is a reasonable doubt, the accused is
  not guilty
• Based in the Presumption of Innocence
• Burden remains with the Crown throughout

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Legal Burden(cont.)
Exceptionmental disorder!!!!!

• Crown must prove both physical aspects (actus
  reus) and mental aspects (mens rea) beyond a
  reasonable doubt)
• Accused never has to disprove anything
• When accused raises a defence, Crown must prove
  beyond a reasonable that the defence is not valid

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What does a jury need to know about reasonable
doubt?

• Lifchus
• Not an ordinary concept
• Not moral certainty
• No other adjectives appropriate
• Not based on probability
• Based on reason and evidence
• Linked to presumption of innocence

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What does a jury need to know about reasonable
doubt?

• But particular words magic incantation not
  necessary
• Reversible only when as a whole, jury was
  reasonably likely to misunderstand burden or
  standard

15
What does a jury need to know about reasonable
doubt?

• What does Starr add?
• Consider Majority and Dissent