Criminal Trial Process

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Criminal Trial Process

• Innocent until proven guilty

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Burden of Proof Crowns obligation to prove the
guilt of the accused beyond a reasonable doubt.
1. Trial begins with the judge explaining the
jurys role and asks the 12 members to select a
foreperson (says verdict) to communicate with the
judge.
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2. Crown presents opening statement

• Identifies offence committed
• Summarizes evidence
• Outlines how the Crown will present its case.

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3. Crown calls witnesses

• Direct examination first questioning of a
  witness to determine what he/she observed about
  the crime.
• Cross-examination second questioning of a
  witness by the defense to test the accuracy of
  the testimony.

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Four Purposes of Cross-examination

• 1)     To elicit new information not given
• 2)     To obtain a different interpretation of
  the facts
• 3)     To challenge the powers of observation and
  recall of the witness
• 4)     To test the reliability and credibility of
  the witness

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IV After the Crown calls all witnesses the
Defense may bring a motion for
dismissal Judge has two options 1)   
Directed verdict withdraw case and enter a
verdict of not guilty.2)    Not dismiss the case
and trial proceeds (if pleading not guilty still)
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V Defence makes opening statement

• May call witnesses to refute prior testimonies
  or show reasonable doubt
• Direct examination and cross-examination occur
  (reverse)
•  

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• VI After all evidence from defense is presented
  the Crown can rebut contradict evidence
  introduced by the opposing side.
• Defense counsel can then present a surrebuttal
  reply to the Crowns rebuttal.

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Rules of Evidence

• 1) Cannot ask a leading question.
• ie You are hard of hearing, arent you?
• Wasnt it Joe you saw with the knife?
• 2) Hearsay evidence is not admissible.
•  
• 3) Opinion Evidence is not admissible unless
  given by experts qualified in a particular area.

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Rules of Evidence

• 4) Immaterial or Irrelevant Questions are not
  admissible no connection with the matter at
  hand. All evidence must relate to the case.
• 5) Non-responsive Answers if a witness does
  not answer the question posed, the judge can
  direct the witness to answer the question
  properly.

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Types of Evidence

• A) Direct Evidence testimony given by a
  witness to prove an alleged fact based on what
  he/she saw, heard, tasted, touched
• B) Circumstantial Evidence indirect evidence
  that leads to a reasonable inference of the
  defendants guilt.

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Types of Evidence

• C) Character Evidence evidence used to
  establish the trustworthiness of the person
  giving evidence.
• Is the person the type that would commit a crime.
• Prosecution can not attack a persons character.
• The defence can try to prove it is not in the
  defendants character to commit the crime and
  establish good character.

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Types of Evidence
D)    Electronic Surveillance use of an
electronic device to overhear or record
communications between two or more people. ie
wiretapping(telephone) and bugging(records voice)
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• E) Polygraph Tests lie detector tests.
• Measures changes in pulse, respiration and blood
  pressure.
• Not entirely accurate though (varies with the
  skill of the examiner)
• Not used as evidence to prove that a person is
  lying or telling the truth about a particular
  crime.

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Voir Dire mini-trial or trial within a trial.
This is a hearing during a trial and in the
absence of the jury. The jurors are escorted
from the courtroom and the judge, Crown and
Defence discuss the admissibility of evidence.  
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VII Summary of the Case

• after all testimony has been given, each counsel
  presents a summary of the case in the form of
  closing arguments.

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VIII Charge to the Jury Judges explanation to
the jurors of how the law applies to the case
before them. The Sheriff escorts jurors to the
jury room to deliberate on their verdict.   VIV
The Verdict must be unanimous   Hung Jury a
jury that cant reach an unanimous decision and
is dismissed from the case. A new jury is
selected to try the case again.
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Appeals

• ü     must be filed within 30 days
• ü     heard in the correct appeals court
• ü     3 choices
• a) agree with the lower courts decision
• b) reverse the lower courts decision
• c) order a new trial

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Appeals

•  either the Defence or the Crown can appeal in
  criminal cases (can appeal sentence too)
• appeals are generally heard by a panel of 3-5
  judges using the original transcripts, exhibits
  and legal documents of the case (majority
  decision)

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Plea Bargaining the majority of people charged
with criminal offences never go to trial.
Instead, the Crown and Defence negotiate a plea
bargain. This is a negotiated deal whereby the
accused pleads guilty in exchange for a lighter
sentence.  ie first degree murder life
sentence with no parole for 25 years. Plead
guilty to second degree murder (possible parole
after 10 years)
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Famous Plea Bargain Case Karla Homolka

• May 1993, in exchange for her sworn statements
  against her estranged husband, Paul Bernardo,
  Karla was charged with two counts of manslaughter
  in relation to the homicides of Leslie Mahaffy
  and Kristen French. She received two 12-year
  sentences to be served concurrently.