Chapter 8: Trial Procedures

Question 1

adversarial system

Answer 1

an approach based on two opposing sides, in which each side presents its case in court

Question 2

testimony

Answer 2

a declaration (ex. by a witness) under oath; a sworn statement

Question 3

court clerk

Answer 3

person who keeps records, files, and processes docs for court

Question 4

court recorder

Answer 4

person whose job it is to document/record all spoken evidence, comments, questions in the court proceedings

Question 5

stay of proceedings

Answer 5

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

Question 6

immune

Answer 6

exempt, completely protected

Question 7

empanelling

Answer 7

the selection of a jury

Question 8

challenge for cause

Answer 8

formal objection to a prospective juror for reasons such as the juror’s knowledge of the case or lack of impartiality

Question 9

peremptory challenge

Answer 9

formal objection to a potential juror for which no specific reason is given

Question 10

sequester

Answer 10

keep jury together and away from non-jurors until it reaches a verdict

Question 11

verdict

Answer 11

final, formal decision of a trial

Question 12

arraignment

Answer 12

1st stage in criminal trial, court clerk reads charge to the accused and a plea is entered

Question 13

direct evidence

Answer 13

information (evidence) given by person who witnessed the event in question (ex. testimony by bystander who say assault take place)

Question 14

circumstantial evidence

Answer 14

information (evidence) that relates only indirectly to the alleged offence

Question 15

examination-in-chief

Answer 15

the first questioning of a witness during court proceedings

Question 16

leading question

Answer 16

questions prompt witness to give answers wanted

Question 17

directed verdict

Answer 17

judge’s direction to the jury, after Crown presents its evidence, to find the accused person not guilty b/c the Crown has not proven its case

Question 18

surrebuttal

Answer 18

evidence presented in court to counteract or disprove evidence in the other party’s rebuttal

Question 19

subpoena

Answer 19

court doc ordering a person to appear in court for a specific purpose (ex. as a witness)

Question 20

contempt of court

Answer 20

act that is calculated to embarrass, hinder, or obstruct court in its administration of justice, or lessen its dignity

Question 21

affirmation

Answer 21

witness’s solemn agreement to tell the truth

Question 22

oath

Answer 22

solemn promise or statement that something is true

Question 23

perjury

Answer 23

act of knowingly giving false evidence in a judicial proceeding with intent to mislead

Question 24

adverse witness

Answer 24

person who is contrary or hostile giving testimony under oath in a court

Question 25

voir dire

Answer 25

trial within a trial to decide if certain evidence is admissible

Question 26

self-incrimination

Answer 26

act of implicating oneself in a crime; behaviour indicating one's guilt

Question 27

privileged communications

Answer 27

confidential communications that one can't be required to present in court as evidence (ex. doctor, patient; priest, confessor)

Question 28

minors

Answer 28

people under age of majority (ex. 18)

Question 29

dominant party

Answer 29

party in a position of power over another (ex. doctor and patient)

Question 30

similar fact evidence

Answer 30

info (evidence) that shows that the accused has previously committed a similar offence

Question 31

hearsay evidence

Answer 31

info (evidence) not coming from direct, personal experience or knowledge of witness

Question 32

opinion evidence

Answer 32

based on thoughts of the witness, usually an expert in his or her field (ex. coroner commenting on cause of death)

Question 33

inculpatory

Answer 33

admitting to sth, incriminating; as in inculpatory statement

Question 34

exculpatory

Answer 34

denying sth, clearing of guilt

Question 35

confession

Answer 35

statement by the accused in which he or she admits to the crime or acknowledges that some or all of the charge laid is true

Question 36

summation

Answer 36

for each side in a trial, the formal conclusion, which recapitulates (sums up) key arguments and evidence

Question 37

charge to the jury

Answer 37

after the summations in a trial, a judge's instructions to the jury (ex. review of the facts, points of law)

Question 38

hung jury

Answer 38

jury that cannot come to a unanimous decision in a criminal case

Question 39

credibility

Answer 39

the fact or quality of being believable or reliable

Question 40

legal duty

Answer 40

allow certain people to commit acts that would otherwise be offences (ex. police officer drives over speed limit while chasing suspect)

Question 41

necessity

Answer 41

person commits criminal acts to prevent a greater harm | ex. break into house to stop fire from killing infant

Question 42

automatism

Answer 42

State of a person who is unconscious of what they are doing while capable of action, involuntary behaviour. May be caused by psychological stress. (ex. sleepwalking, convulsions)

Question 43

NCRMD

Answer 43

not criminally responsible due to mental disorder

Question 44

alibi

Answer 44

places the accused somewhere else at the time the offence occurred

Question 45

self-defence

Answer 45

protect yourself, property, people under your protection using force that is reasonable and necessary

Question 46

consent

Answer 46

Defence only permitted if accused could and did consent to the action before injury inflicted. Never used in cases involving firearms, murder, sexual crimes, against people under 14.

Question 47

entrapment

Answer 47

police action/abuse that encourages/aids a person to commit an offence *not recognized as offence, but as abuse by police

Question 48

provocation

Answer 48

Words/actions that are insulting enough to cause an ordinary person lose self-control. Must prove: - wrongful actions/words were used - words/actions enough to make other person lose control - person responded suddenly - person reacted before there was time to cool down

Question 49

duress

Answer 49

threat or use of violence to force a person to do something against their will, illegal coercion *used as a defence if it was an urgent situation of clear/imminent peril when following the law is demonstrably impossible

Question 50

double jeopardy

Answer 50

being tried twice for the same offence after being acquitted or to get a higher sentence (it is prohibited) *new + compelling evidence needed to be retried

Question 51

mental fitness to stand trial

Answer 51

review board determines if accused is fit to stand trial, may be remanded up to 60 days to re-evaluate fitness to stand trial, can get treatment, inquiry held every 2 yrs until accused is tried *may or may not be mentally fit at time of the offence too which could result in lack of mental fitness to stand trial

Question 52

mental fitness at time of the offence

Answer 52

- "disease of mind" when the offence occurred - there is presumption of sanity so insanity must be proven by Crown (incl actus reus and mens rea) before introducing evidence of mental disorder - if not guilty, court holds hearing regarding what to do or review board decides

Question 53

intoxication

Answer 53

cannot form intent b/c under influence of alcohol/drugs needs actus reus and mens rea to be proven (ex. kills someone while drunk so manslaughter instead of first degree murder b/c general intent instead of specific intent)

Question 54

honest mistake

Answer 54

- offender truthfully didn't know they were committing a crime - onus on Crown to prove crime proven intentionally - accused's credibility largely determines if defence succeeds (ex. found in possession of unpaid items while planning to leave establishment)

Question 55

mistake of fact

Answer 55

- committing criminal act w/o knowing all facts that would make the act criminal - 2 conditions: genuine mistake not result of accused neglecting to find out facts, law accepts ignorance of the facts as a defence (ex. buy sth and get counterfeit money w/o knowing, use the bill again and get arrested)