Chapter 9 Vocabulary Flashcards
Accused
The person who has been accused of committing the crime.
Appeal
If you believe that the judge has made an error in the law or the application of it, or with his charging of the jurors, during a case that you were involved with, you may appeal that a mistake was made and ask that it be looked into and judged before a court of appeal. Despite what many people think, it is not a retrying of the case; only an investigation in search of errors.
Appellant
The party that files an appeal.
Arraignment
The first part of a criminal trial, where the accused either pleas guilty or not guilty of the crime.
Beyond a Reasonable Doubt
Refers to the standard of certainty required to convict someone of a crime. It is not enough to show that someone probably or most likely committed a crime; it must be shown beyond any reasonable amount of doubt that someone did commit the crime, or they should not be convicted.
Burden of Proof
Refers to the fact that it is the job of the crown to prove beyond a reasonable doubt that an accused person did commit a crime; there is no burden for the accused to prove themself innocent. Therefore, the burden of proof is on the crown.
Challenge for Cause
The right for either the crown or the defence to exclude someone from the jury for a particular reason.
Character Evidence
Evidence that is used either to establish that the accused is a good person or a bad one. In a criminal trial, the crown may not bring character evidence against the accused unless there is an attempt by the defence to do so first.
Charge to the Jury
The part of the criminal trial where, after the evidence has been presented and the attorneys have delivered their closing statements, where the judge explains to the jury the law and how it applies in this particular case. The judge explains what verdict they should come to, depending on what they believe happened based upon the evidence.
Circumstantial Evidence
Indirect evidence that supports an inference of the accused’s guilt.
Court Clerk
The court official who assists the judge in the courtroom.
Court of Appeal
The court where, if an appeal is accepted, it is tried and investigated.
Cross Examination
The part of a trial where, after either crown or defence brings forth a witness and questions them, the other is allowed to question them further.
Crown Attorney
An attorney who’s job it is to represent The Crown in a court case, and bring forth and present the evidence for The Crown’s case against the accused.
Defence Counsel
The attorney or team of attorneys who represent the defendant in a trial. Their job is to poke holes in The Crown’s evidence, and to bring forth and present their own evidence in favour of the defendant’s innocence, if they so choose.
Direct Evidence
Testimony given by a witness that is used to prove a fact.
Direct Examination
The part of a trial where either The Crown or the defence brings forth a witness and questions them.
Directed Verdict
The decision of a judge to withdraw a case from a jury and put forth a decision of not guilty.
Duty Counsel
A lawyer who is on duty in a courtroom or a police station, whose job is to provide free legal advice to people who have just been arrested or brought before the court.
Evidence
Objects, witness testimony, recordings, or anything else that can be used to prove or disprove facts in a trial.
Federal Court of Canada
A court with jurisdiction to hear civil or criminal cases referred by federal boards, commissions, or tribunals, and to rule on constitutional issues referred to by the Attorney General.
Hearsay Evidence
Evidence given by a witness that is something they learned from another. E.g. “He said that he saw the accused commit the crime.”
Hung Jury
A jury that cannot come to a unanimous verdict. If this persists, it leads to the court having to either pick a new jury or throw the case.
Judge
The court official who directs the trial. They either determine the verdict, or instructs the jury on how the law applies. They are the most important court official.
