206 Midterm Flashcards
Documents that will compel someone to come into court
Appearance Notice, Subpoena, Form 6 Summons, Recognizance
Should an officer stand in court
Yes.
It’s alright to sit during long sessions, but and always stand when addressing the judge.
Who starts the trial?
The Crown during the Examination in Chief
What are the main components of the Crowns case?
- Examination in Chief (Swearing in, Identify yourself, State jurisdiction, Give testimony)
- Cross examination (Defense will test or confirm your testimony)
- Re-examination (Conducted by Crown to clear any uncertainty. No new info may be introduced)
Then defense gets to do the same, which can be rebutted by the Crown after. Followed by the Summary of Events, Judgement and Decision of the Judge.
What are the main two types of convictions?
Summary and Indictable
List types of court workers, and their purpose.
Bailiff, orderly, court clerk, deputy sheriff.
They open and close court proceedings, and enforce orderliness and decorum.
If the defense calls evidence, who does the summary first?
The defense.
If they don’t call evidence then the crown starts its summary first.
One type of information that may not be disclosed.
Medical records or diaries.
Is an honest mistake perjury?
No.
The three F’s of disclosure -
Only restricted by need to protect integrity of prosecution against misuse of information.
Full, Fair, and Frank.
Tactics of defense counsel that may be used?
Staring, misinformation to trip you up. Trying to offer friendly counsel.
Three items an officer should do in preparation of court, and three things to be done in advance of court.
Well rested, come early, prepare/go over notes, dress properly
Talk to witnesses, copies of statement, know your ‘can say’
Importance of Stinchcombe
R V. Stinchcombe - Results of the investigation are public property.
If disclosed to the Crown, it must be disclosed to the Defense to ensure justice is done.
Definition of Exparte
An accused person fails to appear for trial and no contact has been made with either the counsels or the court
Definition of Perjury
- When a witness gives false evidence with intent to mislead, knowing that the evidence is false.
- An innocent mistake or an honest error is not perjury.
Definition of Rebuttable Evidence
Describe what Exclusion of Crown Witnesses is
When there are multiple witnesses who may be able to corroborate stories. They are separated and brought in to testify individually to prevent collusion.
Describe the process of opening and closing court.
Open = “Order in the Court. All Rise. I declare this court open in the name of His Majesty the King. Justice BigWig presiding, please be seated”
Close = “All rise, (Judge exits) I declare this court closed. God save the King”
During cross-examinatin, when asked if it’s possible that it happened, you should respond with.
Possible, but not Probable.
An effective cross-examination is founded on two basic fundamentals.
Leading questions. Short, simple questions.
Purpose of disclosure
- Allows adequate preparation time
- Resolves issues before trial
- Encourages early resolution.
Is there a requirement for disclosure during civil proceedings?
No, only the Crown is required to release information.
