Adversarial trial system Flashcards
Criminal trial
Trial when someone has broken the law, determines guilt or innocence
Parties in a criminal trial
Prosecution (represents state) and defendant (the accused)
Onus of proof and standard of proof in a criminal trial
Rests with the accuser, proven beyond reasonable doubt
Summary offence
Minor offences such as drunk driving dealt with by inferior courts
Indictable offences
Major offences such as murder dealt with by superior courts, always involve a jury unless otherwise requested
Civil trial
Resolve private law matters between 2 individuals
Parties in a civil trial
Plaintiff and defendant
Types of civil law (6)
Torts, contract, property, family, constitutional disputes, defamation
Onus of proof and standard of proof in civil law
Rests with the plaintiff, on the balance of probabilities (more likely than not)
Judges role in a criminal trial
Ensure there is a fair trial by doing things like enforcing rules of evidence, being impartial, post-trial phase- sentencing, If there is no jury, decide guilt
If there is a jury, address jury about how to find their decision
Judges role in a civil trial
Ensure there is a fair trial, Decides liability in the case as there is no jury, Post- trial phase- decide appropriate remedy
Jury in a criminal trial
Decide guilt or innocence, Indictable offences require unanimous verdict (12/12), Summary offences only 10/12
Jury in a civil trial
No jury, Can have jury in defamation cases
Role of parties in a criminal trial
Accusers bears onus of truth, Defendant is presumed innocent, Prosecution and defendant
Legal representation in criminal trials
Expensive but necessary, Have required knowledge of the law and process to prosecute/defend
Legal representation in a civil trial
Expensive but necessary, Have required knowledge of the law and process
Strengths of the adversarial system (5)
parties run the trial and present evidence, impartial judge that must explain reasoning behind decisions, everyone has a right to legal representation, high standard of proof, high-quality evidence
Weaknesses of the adversarial system
High cost to the parties, jury can be prejudiced, evidence can be hard to find, hard to prove beyond reasonable doubt
Contemporary issue involving the judicial process
Age of criminal responsibility being 10 years old, Mandatory sentencing
Contemporary issue centering on justice
Over-representation of Indigenous people in prison systems
Mediation strengths and weaknesses
Involves a mediator as a neutral and impartial third party, Strengths- help find common ground, flexible, parties have power to resolve issue, Weaknesses- can’t always reach an agreement
Purpose of criminal remedies (4)
Deterrence, punishment, rehabilitate, community protection
Types of criminal remedies
Jail, fines, community service, home detention
Factors to consider when awarding remedies
Mitigating factors- First time offence, seriousness of crime, impacts of others from going to jail
Aggravating factors- not first offence, committing a crime with weapon
Purpose of civil remedies
Restore injured party to the position they enjoyed before suffering the loss, “but for test”- not about punishment
Types of civil remedies
Compensatory damages, nominal damages, aggravated damage
Natural justice
Roman idea of law
4 principles of natural justice
impartial adjudication, hearing both parties, evidence based decisions and open trials
