Chapter 7 Flashcards
To learn criminal law
Accused
Defendant; the person charged with committing a crime
appeal
an application to a higher court to review the decisions of a lower court
appellant
party that filed the appeal
arraignment
first stage of the trial where the court clerk reads the charges and the defendant enters the appeal
beyond a reasonable doubt
The defendant’s guilt must be proven to where a reasonable person would have no choice but to deem it guilty
burden of proof
The crown’s obligation to prove guilty beyond reasonable guilt
challenge for cause
the right for the crown or defence to exclude someone from jury for a particular reason
character evidence
used to establish the likelihood of the defendant to or not to commit a certain offence
court clerk
helps the judge sweat people in and other duties of such
court of appeal
court within authority to review decisions made by other courts
cross examination
the second questioning of the witness to test the witness’ testimony. done by the opposing attorney
crown attorney
attorney representing the crowns interest in prosecuting criminal offenders
defence counsel
lawyer who represents the accused
direct evidence
testimony given by a witness to prove an alleged fact
direct examination
first round of questioning of the witness to learn what (s)he saw at the crime
directed verdict
a decision by the judge to withdraw the cases from the jury and enter a verdict of not guilty
duty counsel
a lawyer on duty to give free legal advice to a person at a police station or court
evidence
information that leads to guilty or not guilty
federal court of Canada
court that hears cases that involve the federal government
Hearsay evidence
evidence that is rumoured to be true
Hung jury
a jury that cannot reach a unanimous verdict, ends in dismissal of the case
judge
a court official appointed to try cases in the court of law
Jury
a group of 6 or 12 (people) of the defendant’s peers, job is to decide innocence or guilt
Jury panel
a large group of of randomly selected citizens from which jury members are chosen
Justice of the peace
a person that has less authority than a judge but can still administer warrants and do other judicial functions
Leave
permission to appeal a case to a higher court
Motion for dismissal
a request from the defence counsel to have the judge dismiss the charges against the defendant
Peremptory challenge
the right of the crown or defence counsel to exclude someone from the jury without proving a reason
Perjury
knowingly making false statements in court while under oath
Preliminary hearing
where the judge decides if there is enough evidence to put the accused to trial
Provincial court
the lowest level of the court hierarchy
Rebut
to contradict evidence introduced by the opposing side
Respondent
the party that responds to an appeal, person/organization that is being sued
Sheriff
court official responsible for jury management
Subpoena
a court order requiring one to come to court on a specific date and time to give evidence
Superior court of the province
the highest criminal and civil court in BC
Supreme court of Canada
the highest court of appeal in Canada, also deals with constitutional questions asked of it by the federal government
Surrebuttal
a response to the opposing sides rebuttal
Voir dire
where the judge, defence, and crown discuss what evidence is admissible
Wiretapping
the interception of phone conversations
Witness
person who gives evidence while under oath in a court of law
Charge to the jury
the judges explanation to the jury as to how the law applies to the case before them
Circumstantial evidence
indirect evidence that leads to a reasonable inference of the defendant’s guilt
