The Role of Players in Criminal Trials

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Questions and Answers

What is the primary role of the Judge in a criminal court case?

To represent the accused during the trial

To ensure the trial is conducted properly (correct)

To present evidence for the Crown

To determine the guilt or innocence of the accused

What must the jury achieve to find someone guilty?

Consensus among all court participants

A simple majority

A decision based on majority opinion

A unanimous verdict (correct)

Which party brings the case to court in a criminal trial?

The Court Clerk

The Crown Attorney (correct)

The Defense Counsel

The Judge

What type of evidence includes eyewitness accounts?

Direct evidence Signup and view all the answers

Which of the following statements about character evidence is true?

The Defense can argue credibility only if the accused testifies. Signup and view all the answers

What happens during the process of Voir Dire?

Jurors are excluded during a discussion Signup and view all the answers

Which type of evidence is NOT admissible in court?

Results of polygraph tests Signup and view all the answers

What role does the Court Clerk play in a criminal trial?

Reads out the charge against the accused Signup and view all the answers

What is one reason the defense might argue for intoxication as a defense?

To demonstrate lack of necessary intent to commit the crime. Signup and view all the answers

What is the role of the Sheriff in the court process?

To find jurors and carry out court orders. Signup and view all the answers

Which defense could be used to argue that a person was acting out of necessity?

Justification Signup and view all the answers

Which type of sentence allows the accused to avoid a criminal record if they conform to certain conditions?

Conditional discharge Signup and view all the answers

What is one of the qualifications required to serve as a juror in Ontario?

Must be a Canadian citizen. Signup and view all the answers

What type of sentence involves the accused being released under specific conditions rather than serving jail time?

Suspended sentence Signup and view all the answers

Which statement best describes the concept of plea bargaining?

The accused pleads guilty to a lesser charge for a more favorable sentence. Signup and view all the answers

Which of the following is NOT a type of defense mentioned?

Probation Signup and view all the answers

What are some exemptions from jury duty?

Having served on a jury within the past two years Signup and view all the answers

What type of questions are used during direct examination?

Open-ended questions Signup and view all the answers

Which of the following best describes the role of a defense attorney in a trial?

Summarize the defense case and challenge evidence Signup and view all the answers

What is the purpose of extrajudicial measures in the youth criminal justice system?

To provide alternative approaches to court Signup and view all the answers

What does binding precedent mean in legal terms?

Rulings from higher courts that bind lower courts Signup and view all the answers

Which of the following can defense attorneys object to during a trial?

Hearsay evidence Signup and view all the answers

What is one characteristic of the Youth Criminal Justice system?

Governance of young people aged 12 to 17 Signup and view all the answers

What does the term 'wrongful conviction' refer to?

The conviction of an innocent person Signup and view all the answers

Study Notes

The Player in a Criminal Court Case

The judge oversees the trial, ensuring proper conduct and upholding everyone's rights; the judge hears evidence, questions witnesses, and delivers a guilty or not-guilty verdict, then decides the sentence.
In some cases, a jury determines guilt or innocence based on presented evidence, and jurors must reach a unanimous decision.
The Crown Attorney represents the government, presenting evidence to prove the accused's guilt "beyond a reasonable doubt".
The Defense Counsel represents the accused, protects their rights, and highlights weaknesses in the prosecution's case, aiming for a lighter sentence.
The court clerk handles paperwork, sworn witness testimonies, and courtroom procedures. Court reporters record everything that happens in court

Types of Evidence

Direct evidence comes from eyewitness accounts.
Circumstantial evidence allows for conclusions; e.g., character evidence.

Defences

Mental disorder/mental states, such as in R v. Kachkar
Automatism: actions without awareness (e.g., R v. Parks)
Intoxication, a limited defence.
Justification, such as self-defense.

Sentencing

The judge determines the appropriate punishment. Factors influencing sentencing decisions include protection of the public, retribution, deterrence, rehabilitation, and restitution.

The Sheriff and Witnesses

The sheriff facilitates court administration and brings parties to court.
Witnesses testify about observed events, and opinions are excluded unless they're expert testimony.

The Criminal Trial Process

The Crown outlines the case and evidence.
Direct examination of witnesses occurs.
Cross-examination of witnesses tests the accuracy of statements.
Defendants present their case; witness testimonies and evidence are presented.

The Role of the Jury

Jury members are qualified citizens, and exempt members (lawyers, correctional staff) are excluded.
The jury's role is to reach a verdict based on the evidence presented.

Other Information

Factors (mitigating/aggravating) that influence sentencing decisions
Sentencing options: probation, conditional discharge, suspended sentence, electronic monitoring, and other legal options.
Plea bargaining, where an accused pleads guilty for a lighter sentence
Youth Criminal Justice Act, which addresses youth crime under 18
Protection of the Public, Retribution, Deterrence, Rehabilitation, and Restitution

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Description

Explore the various roles within a criminal court case, from the judge to the jury and attorneys. Understand the types of evidence presented and the different defenses available to the accused. This quiz covers key concepts and responsibilities in the criminal justice system.