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Law 12 > Chapter 6 - Trial Procedures > Flashcards

Chapter 6 - Trial Procedures Flashcards

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1
Q

What does the judge do?

A
  • Full control of courtroom during preliminary trials/hearings
  • criminal court proceedings they decide what evidence is admissible
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2
Q

Crown attorney

A

The lawyer who prosecutes on behalf of the government and society

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3
Q

Defence counsel

A
  • The legal representative of the accused

- must represent the accused to the best of their ability

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4
Q

Court clerk

A

A person who keeps records and files, and processes documents for a court

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5
Q

Court recorder

A
  • A person who documents court proceedings

- kept for transcripts to use (if necessary) in trials for appeals

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6
Q

The sheriff

A
  • carry most of the court admin and trial preparation
  • makes sure accused appears in court
  • finds prospective jurors
  • assists Judge
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7
Q

Empanelling

A

Process of selecting the 12 jurors for a criminal trial

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8
Q

How is a jury chosen?

A
  • created from list of all people living in the area where the court is located
  • selection committee randomly picks 75-100 names
  • summoned to court to ensure who is Eligible for the case (not biased/have opinions)
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9
Q

Jury panel

A

Large group of citizens randomly selected for possible jury duty

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10
Q

Who can be exempted from jury duty?

A
  • members of provincial legislatures and municipal governments
  • judges, lawyers, law students
  • doctors,coroners, vets
  • cops (law enforcement)
  • Visually impaired people
  • mental/physical disability
  • anyone who’s served jury duty within the last 2-3 years
  • convicts of indictable offences and have not been pardoned
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11
Q

Challenge for cause

A

A formal objection to prospective juror for specific reasons

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12
Q

Challenge of jury list

A
  • Crown or defence can challenge validity of the jury list

- rarely done

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13
Q

Peremptory challenge

A

Formal objection to a potential juror for no specific reason

-allows defence and crown to eliminate a prospective juror with no reason

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14
Q

Jury duty rules

A
  • cannot discuss the case with anyone other than the other jurors
  • follow media reports about the case
  • disclose any info from jury discussions that is not revealed in open court even after conclusion of trial
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15
Q

Sequester

A

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

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16
Q

Verdict

A

The final decision of a trial (guilty, not guilty)

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17
Q

Arraignment

A

At the opening of a criminal trial the charge read to the accused in the plea and

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18
Q

Direct evidence

A

Info given by an eyewitness about the event in question

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19
Q

Circumstantial evidence

A

Indirect evidence not based on personal knowledge

Ex. DNA tests, fingerprints

20
Q

Examination-in-chief

A

The questions a lawyer asks her/his own witness in court

21
Q

Cross-examination

A

The questions a lawyers asks a witness called by opposing side

22
Q

Leading question

A

A question that contains the desired answer

23
Q

Direct verdict

A

When a judge withdraws the case from the jury and find accused not guilty due to the crown not proving its case

24
Q

Can a lawyer ask LEADING QUESTIONS during direct examination? (Examination-in-chief)

A

No.

B/C the lawyer knows what he/she knows due to interviews during preparation

25
Q

Subpoena

A

Court document ordering a person to appear in court

26
Q

Perjury

A

The act of knowingly giving false evidence in a judicial proceeding

27
Q

Steps in presenting evidence

A
  1. Crown starts with examination-in-chief of witness
  2. Defence may cross-examine witness
  3. Crown may re-examine witness
  4. Defence may re-examine witness with judge permission
  5. Defence presents evidence
  6. Crown may cross-examine witness
  7. Defence may re-examine witness
  8. Crown may make a rebuttal
  9. Defence may make a surrebuttal
28
Q

voir dire

A

Type of mini-trial held within an actual trail to decide if certain evidence is admissible

29
Q

Self-incrimination

A

Act of implicating oneself in a crime

30
Q

Privileged communications

A

Confidential communication in which cannot be disclosed

31
Q

Similar fact evidence

A

Evidence which shows the accused has done similar offences in past
*jury can hold a voir dire to determine whether evidence is necessary for case

32
Q

Hearsay evidence

A
  • Something someone other than witness has said or written
  • one quoting a witness
  • not admissible unless passing words of dying person
33
Q

Opinion evidence

A

Expert witnesses who give an opinion on what happened

Ex. Blood splatter (forensics)

34
Q

Character evidence

A
  • The crown may not introduce character evidence unless the defence enters character evidence first
  • info indicating the likelihood of the accused committing the crime (vice versa)
35
Q

Photographs (evidence)

A

Pictures may be admitted as long as they are not simply to inflame the jury

36
Q

Electronic devices/surveillance footage

A

Evidence can only be admitted if obtained legally

37
Q

Polygraphs

A

Hearsay evidence and are not admissible

-only what the accused said to the tester may be used in court

38
Q

Confessions

A

A statement made under detention can either be inculpatory (admission) or exculpatory (denial)

Jury can deny confession if chosen in decision process

39
Q

Illegally obtained evidence

A

Been admitted depending on the severity of the offence

  • how it was committed
  • how the evidence was obtained
40
Q

Inculpatory

A

Guilty

41
Q

exculpatory

A

Not guilty

42
Q

Summation

A

Formal conclusion which sums up key arguments and evidence given by each side

43
Q

Closing statement

A

Another term for summation

44
Q

Charge to the jury

A

Judges instructions to the jury at the end of the trial

45
Q

Hung jury

A

A jury in which cannot come to a verdict in a criminal case

Law 12 (1 decks)

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