Criminal Court Case Procedures PDF

# The player in a criminal Court Case ## Roles of the Participants: ### The Judge - Runs the trial and ensures it is conducted properly - Ensures everyone follows the rules and that everyone's rights are respected - Receives evidence presented by the parties and hears their witnesses - Decides if...

# The player in a criminal Court Case ## Roles of the Participants: ### The Judge - Runs the trial and ensures it is conducted properly - Ensures everyone follows the rules and that everyone's rights are respected - Receives evidence presented by the parties and hears their witnesses - Decides if the accused is "guilty" or "not guilty" - If the accused is found guilty, decides the sentence (punishment) ### The Jury - Responsible for determining whether the accused is guilty. - Usually composed of twelve jurors chosen randomly from a list of citizens. - Makes decisions based on law and evidence presented, not personal opinions. - Must reach a unanimous verdict to find someone guilty, but does not decide the sentence. ### The Crown Attorney - Represents the government and brings the case to court against the accused. - Presents evidence to prove that the accused is guilty "beyond a reasonable doubt". ### The Defence Counsel - Represents the accused. - Ensures the accused's rights are respected. - Highlights weaknesses in the evidence presented by the Crown Attorney. - Tries to show that the accused is not guilty, or that they deserve the lightest sentence possible. ### The Court Clerk and Court Reporter - Reads out the charge against the accused. - Swears in witnesses. - Handles evidence and paperwork. - Records all evidence, questions, and comments made during the trial. - Communication is recorded through various methods including shorthand machines, specialized computers, or verbal input. - Records are kept and transcripts are made available for appeal. ## Types of Evidence - **Direct evidence**: Testimony given by a witness. It includes eyewitness accounts. - **Circumstantial evidence**: Allows the judge or jury to infer a conclusion based on the evidence. - **Character evidence**: The defense can introduce "good" character evidence, while the crown can only argue credibility if the accused testified on their own behalf. - **Electronic surveillance**: Wiretapping and bugging are admissible only if authorized beforehand by a judge. - **Polygraph tests**: Results of polygraph tests are not admissible evidence. - **Voir Dire**: A mini-trial where jurors are excluded during discussion. ## Criminal Trial by Jury - The accused is arraigned. - The jury is selected. - The judge addresses the jurors and asks them to appoint a foreperson. - The Crown presents their opening statement. - The Crown examines witnesses (direct examination). - The Defense cross-examines witnesses. - The Defense can bring a motion to dismiss the case, but this part of the process is incomplete in the provided document. ## Defences - **Mental disorder/Mental states**: Defense attempts to prove that the accused is not criminally responsible due to a mental illness. - **Automatism**: Defense argues that the accused acted without being aware of their actions. - **Intoxication**: Defense seeks to prove the accused was intoxicated and lacked the necessary intent to commit the crime. - **Justification**: Defense presents evidence of self-defense, battered women syndrome, necessity, duress (coercion by threat), or provocation. - **Sentencing**: The judge decides the punishment based on the severity of the crime, the offender's background, the victim's impact, societal views, aggravating and mitigating factors. ## Types of Sentences - **Probation**: The accused is released but must adhere to specific conditions like counselling, drug testing, or community service. - **Unconditional discharge**: The accused is released with no record of conviction. - **Conditional discharge**: The accused is found guilty but avoids a criminal record if they remain law-abiding. - **Suspended sentence**: The accused is convicted but does not serve jail time unless they commit another offense. - **Electronic monitoring**: The accused is sentenced to home confinement with electronic monitoring. - **Binding over**: The accused is ordered to keep the peace. - **Deportation**: The accused is expelled from the country. - **Fines**: The accused pays a monetary penalty. - **Suspension of privileges**: The accused is temporarily or permanently denied a specific right or privilege. - **Incarceration**: The accused is sentenced to jail. - **Plea bargaining**: The accused pleads guilty to a lesser charge in exchange for a lighter sentence. ## The Sheriff - Assists the court by finding jurors, serving summons, carrying out court orders, and ensuring the accused appears in court. ## Witnesses - They provide testimony based on their personal experience and observations of the event. - The accused can also choose to testify. - Expert witnesses with specialized knowledge can provide their opinions on certain topics. ## The Jury's Role - **Qualifications**: Jurors must be Canadian citizens, at least 18 years old, and residents of Ontario for at least a year. They are also exempt if they work in the justice system, have religious or health issues, have financial hardship, or served on a jury within the past two years. - **Oath**: Selected jurors take an oath to tell the truth and nothing but the truth. ## Criminal Trial Process ### Crown's Opening Statement: - Identifies the offense. - Summarizes the evidence against the accused. - Outlines how the Crown will present its case ### Crown's Examination: - **Direct examination**: Open-ended questions to let the witnesses describe what they observed. - **Cross-examination**: Leading questions designed to test the accuracy of the testimony and expose inconsistencies. ### Defence Response: - Summarizes the defense's case. - Directly examines witnesses. - Cross-examines witnesses to challenge the Crown's evidence. ### Objections to Evidence - Defense attorneys can object to evidence presented by the Crown if they believe it is inadmissible, irrelevant, leading, or hearsay. ## Youth Criminal Justice - Governs the legal process for young people aged 12 to 17. - Focuses on protecting the youth. - Seeks to prevent crime. - Emphasizes measures that can help young people reintegrate into society. ## Extrajudicial Measures - Alternative approaches to court proceedings, such as therapy, community service, or restitution. ## Wrongful Convictions - Examples include the cases of Steven Truscott and Karla Homolka. ## Precedent - Established legal principles that guide future decisions in similar cases. - Binding precedent: Higher courts' rulings are binding on lower courts within the same jurisdiction. ## Additional Information - The document also discusses various defenses that can be used in criminal cases, such as automatism and intoxication. - Information about sentencing is available on the documents, but the information stops before reaching the discussion of how the sentence is decided. - The document provides information about the role of a sheriff in the court system. - The document provides information about the role of witnesses in court. - The document provides information about the role of a jury in a criminal trial. - The document provides information about the Youth Criminal Justice system. This markdown document provides a structured format of a summary of the attached document. The document presents a comprehensive overview of the players in a criminal court case.