Chap 6 Flashcards
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Who can represent the accused in court?
Defense counsel
What decision will the jury make?
If the accused is guilty or not guilty
What happens if a prospective juror does not appear for jury selection?
Issued a warrant and criminally charged
What happens during the examination-in-chief?
The prosecution will call their witness(es)
To win the case, what must the accused prove
That they are innocent
What role does the accused have in the court case?
They have to appear in court
What happens to the witness who doesn’t appear in court?
An arrest warrant is issued for them
In a court case, who is less likely to be influenced by emotion and drama?
The judge
What do the Justices of the peace do in the courts?
They preside over the court of first appearance where the accused pleads
Who can reject or accept prospective jurors?
The Crown and the defense
How reliable are eye witness accounts?
They are not always reliable
What happens if a jury cannot reach a decision?
Hung jury; they choose a new jury
What could happen to a witness who doesn’t provide evidence in court?
They can be removed
What is sequestering?
To keep the jury together and isolated until it reaches a verdict
What are the responsibilities of the court clerk?
To keep the files, records, and process documents in front of the jury
What is a voir dire
A type of mini trial held within an actual trial to determine admissibility of certain evidence
What are the responsibilities of the court recorder?
To document the court proceedings
What is direct evidence?
Information given by an eyewitness about the event in question
What is an oath?
A solemn promise or statement that something is true
What occurs during the summation
The defense and Crown summarize all their key points and state why the jury should find the accused not guilty/guilty
What is an affirmation?
When someone promises to tell the truth in court
What is similar fact evidence
Evidence that shows the accused has committed similar offenses in the past
What is the charge to the jury?
The judge’s instructions to the jury at the end of the trial
Define stay of proceedings.
A court order to stop the trial proceedings until a certain condition is met
Define arraignment.
The opening of a criminal trial where the charge read to the accused and the plea entered
Define inculpatory.
Demonstrating guilt
What is empanelling?
Choosing the defendants of suit
Define exculpatory
Clearing the defendants of suit
Define testimony
When a person tells what they know about a case in court
What is challenge for cause?
A formal objection to a prospective juror for specific reasons
How is our court system described?
Adversarial system
Define duress.
Forcing someone to do something by threatening harm
What is opinion evidence?
Information based on the thoughts of the witness rather than facts
Distinguish between direct and circumstantial evidence.
Direct: is evidence by the eyewitness
Circumstantial: not based on personal knowledge
Define Self incrimination
The act of implicating oneself in a crime
Which type of evidence would a prosecutor prefer to rely upon
Physical/direct evidence (e.g., fingerprints, DNA)
Who can be protected from self incrimination during a trial
Witness who are giving evidence in court
