Chap 6 Flashcards

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1
Q

Who can represent the accused in court?

A

Defense counsel

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2
Q

What decision will the jury make?

A

If the accused is guilty or not guilty

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3
Q

What happens if a prospective juror does not appear for jury selection?

A

Issued a warrant and criminally charged

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4
Q

What happens during the examination-in-chief?

A

The prosecution will call their witness(es)

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5
Q

To win the case, what must the accused prove

A

That they are innocent

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6
Q

What role does the accused have in the court case?

A

They have to appear in court

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6
Q

What happens to the witness who doesn’t appear in court?

A

An arrest warrant is issued for them

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7
Q

In a court case, who is less likely to be influenced by emotion and drama?

A

The judge

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7
Q

What do the Justices of the peace do in the courts?

A

They preside over the court of first appearance where the accused pleads

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8
Q

Who can reject or accept prospective jurors?

A

The Crown and the defense

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9
Q

How reliable are eye witness accounts?

A

They are not always reliable

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10
Q

What happens if a jury cannot reach a decision?

A

Hung jury; they choose a new jury

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10
Q

What could happen to a witness who doesn’t provide evidence in court?

A

They can be removed

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11
Q

What is sequestering?

A

To keep the jury together and isolated until it reaches a verdict

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11
Q

What are the responsibilities of the court clerk?

A

To keep the files, records, and process documents in front of the jury

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11
Q

What is a voir dire

A

A type of mini trial held within an actual trial to determine admissibility of certain evidence

12
Q

What are the responsibilities of the court recorder?

A

To document the court proceedings

13
Q

What is direct evidence?

A

Information given by an eyewitness about the event in question

14
Q

What is an oath?

A

A solemn promise or statement that something is true

15
Q

What occurs during the summation

A

The defense and Crown summarize all their key points and state why the jury should find the accused not guilty/guilty

15
Q

What is an affirmation?

A

When someone promises to tell the truth in court

16
Q

What is similar fact evidence

A

Evidence that shows the accused has committed similar offenses in the past

17
Q

What is the charge to the jury?

A

The judge’s instructions to the jury at the end of the trial

18
Q

Define stay of proceedings.

A

A court order to stop the trial proceedings until a certain condition is met

18
Q

Define arraignment.

A

The opening of a criminal trial where the charge read to the accused and the plea entered

19
Q

Define inculpatory.

A

Demonstrating guilt

19
Q

What is empanelling?

A

Choosing the defendants of suit

20
Q

Define exculpatory

A

Clearing the defendants of suit

21
Q

Define testimony

A

When a person tells what they know about a case in court

22
Q

What is challenge for cause?

A

A formal objection to a prospective juror for specific reasons

23
Q

How is our court system described?

A

Adversarial system

24
Q

Define duress.

A

Forcing someone to do something by threatening harm

25
Q

What is opinion evidence?

A

Information based on the thoughts of the witness rather than facts

26
Q

Distinguish between direct and circumstantial evidence.

A

Direct: is evidence by the eyewitness
Circumstantial: not based on personal knowledge

26
Q

Define Self incrimination

A

The act of implicating oneself in a crime

26
Q

Which type of evidence would a prosecutor prefer to rely upon

A

Physical/direct evidence (e.g., fingerprints, DNA)

27
Q

Who can be protected from self incrimination during a trial

A

Witness who are giving evidence in court