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?

<p>Direct evidence (C)</p> Signup and view all the answers

Which of the following statements about character evidence is true?

<p>The Defense can argue credibility only if the accused testifies. (B)</p> Signup and view all the answers

What happens during the process of Voir Dire?

<p>Jurors are excluded during a discussion (C)</p> Signup and view all the answers

Which type of evidence is NOT admissible in court?

<p>Results of polygraph tests (A)</p> Signup and view all the answers

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

<p>Reads out the charge against the accused (B)</p> Signup and view all the answers

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

<p>To demonstrate lack of necessary intent to commit the crime. (A)</p> Signup and view all the answers

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

<p>To find jurors and carry out court orders. (A)</p> Signup and view all the answers

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

<p>Justification (B)</p> Signup and view all the answers

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

<p>Conditional discharge (A)</p> Signup and view all the answers

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

<p>Must be a Canadian citizen. (B)</p> Signup and view all the answers

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

<p>Suspended sentence (A)</p> Signup and view all the answers

Which statement best describes the concept of plea bargaining?

<p>The accused pleads guilty to a lesser charge for a more favorable sentence. (D)</p> Signup and view all the answers

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

<p>Probation (C)</p> Signup and view all the answers

What are some exemptions from jury duty?

<p>Having served on a jury within the past two years (D)</p> Signup and view all the answers

What type of questions are used during direct examination?

<p>Open-ended questions (C)</p> Signup and view all the answers

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

<p>Summarize the defense case and challenge evidence (A)</p> Signup and view all the answers

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

<p>To provide alternative approaches to court (C)</p> Signup and view all the answers

What does binding precedent mean in legal terms?

<p>Rulings from higher courts that bind lower courts (C)</p> Signup and view all the answers

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

<p>Hearsay evidence (B)</p> Signup and view all the answers

What is one characteristic of the Youth Criminal Justice system?

<p>Governance of young people aged 12 to 17 (C)</p> Signup and view all the answers

What does the term 'wrongful conviction' refer to?

<p>The conviction of an innocent person (C)</p> Signup and view all the answers

Flashcards

The Accused

The individual facing criminal charges in a court case.

The Judge

The person responsible for leading the trial, ensuring fairness and following legal procedures.

The Jury

A group of citizens selected randomly to decide if the accused is guilty. They listen to evidence and make a unanimous decision.

The Crown Attorney

The government representative who presents evidence against the accused in court.

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The Defence Counsel

The lawyer who represents the accused in court, ensuring their rights are protected.

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Direct Evidence

Statements made by witnesses directly observed events. It's considered strong evidence.

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Circumstantial Evidence

Evidence that provides a basis for drawing inferences or conclusions about the case. It may not directly prove guilt but suggests it.

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Character Evidence

Evidence about the accused's past behavior or reputation is used, but has strict rules around admissibility.

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Mental Disorder Defense

A defense strategy claiming the accused was incapable of understanding the wrongfulness of their actions due to a mental illness at the time of the crime.

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Automatism Defense

A defense arguing the accused acted involuntarily, with no conscious control over their actions.

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Intoxication Defense

A defense where the accused claims they were intoxicated and lacked the mental capacity to form the necessary intent to commit the crime.

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Justification Defense

A defense where the accused presents evidence justifying their actions, like self-defense or acting under duress.

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Sentencing

The process where a judge imposes a punishment based on the severity of the crime and various factors related to the offender and victim.

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Probation

A sentence where the accused is released but under supervision and must adhere to specific conditions.

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Unconditional Discharge

A sentence where the accused is released with no criminal record.

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Conditional Discharge

A sentence where a guilty verdict is recorded but the criminal record is suspended if the accused remains law-abiding.

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Suspended Sentence

A sentence where the accused is convicted but does not serve jail time unless they commit another offense.

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Electronic Monitoring

A sentence where the accused is confined to their home and monitored electronically.

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Binding Over

A sentence where the accused is ordered to maintain peace and avoid further offenses.

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Deportation

The expulsion of the accused from the country.

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Fines

A financial penalty imposed on the accused.

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Suspension of Privileges

A sentence where the accused is temporarily or permanently restricted from a specific right or privilege.

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Incarceration

A sentence where the accused is imprisoned.

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Plea Bargaining

An agreement where the accused pleads guilty to a lesser charge in exchange for a lighter sentence.

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Juror's Oath

An oath taken by jurors to be truthful and honest during a trial.

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Crown's Opening Statement

The opening statement presented by the Crown attorney, summarizing the case against the accused and outlining the evidence they will present.

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Direct Examination

Open-ended questions asked by the Crown attorney during their examination of a witness, allowing the witness to freely describe their observations.

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Cross-Examination

Leading questions asked by the Crown attorney to test the accuracy of a witness's testimony and expose any inconsistencies.

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Defense Response

The defense attorney's presentation, summarizing their case, examining their witnesses, and challenging the Crown's evidence.

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Objections to Evidence

Legal arguments made by defense attorneys to exclude evidence they consider inadmissible, irrelevant, leading, or hearsay.

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Extrajudicial Measures

Alternative approaches to court proceedings for young offenders (12-17), focusing on rehabilitation and reintegration into society.

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Precedent

Established legal principles that guide decisions in similar cases, particularly when higher court rulings bind lower courts in the same jurisdiction.

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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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