Conducting Oneself in Court Flashcards
Does the defense begin a trail?
No, prosecution will always begin the trail
What are the main components of a crown case in trail?
o Examination of Chief
o Cross Examination
o Re-Examination
Is making a mistake and telling a mistruth on the stand considered perjury?
False
What are the guiding principles for crown disclosure? (3 f’s)
o Fair
o Full
o Frank
What are some tactics the defense council will use in cross examination?
o Suggestive questions
o Defense will inviting you to argue
o Demanding a “yes or no” answer
when an explanation is required
o Reversing witnesses words
o Repetitious questions
o Conflicting answers
o Staring
o Rapid fire questions
o Condescending counsel
o Friendly counsel
o Badgering/ belligerent
o Mispronouncing name or using
wrong rank
o Asking if you have discussed your
case with anyone else
What are things an officer can do in preparation on trail day?
o Be on time
o Be well rested
o Dress appropriately
o Be neatly groomed
o Prepare- but do not memorize
o Review any previous oral testimony
What are some things an officer can do in advance to prepare for a trial?
o review the case file
o review your notebook
o review witness list
What is the importance of the Stinchcombe case?
established the Crown’s duty to disclose all relevant evidence to the defense
What is the importance of disclosure?
Disclosure allows for adequate preparation, resolves issues before trail, and encourages early resolution
What is ‘exparte?’
actions taken or decisions made by one party without the presence or participation of the other party
What is ‘perjury’?
lying or making false statements under oath
What is ‘rebuttal evidence’?
evidence presented by one party to counter or disprove evidence introduced by the opposing party
What is ‘exclusion of witness’?
a witness is not allowed to hear the testimony of other witnesses during a trial. This is done to prevent the witness’s testimony from being influenced by what they hear others say
How would you open / close court proceedings?
o dress uniform/professional decorum
o will not normally have any other Crown
duties
o as judge or justice enters the courtroom,
stand & announce “Order in the court. All
rise”.
o all persons standing, announce “I declare
this court open in the name of Her Majesty
The Queen. Judge Bigwig presiding.
Please be seated.”
o when judge or justice indicates that
proceedings are complete, officer stands &
announces “All rise. (Judge or justice exits
the courtroom). I declare this court closed.
God save the Queen.
You required to disclose information in a civil proceeding
False
What is absolute ‘discharge’?
after being found guilty, the accused is
discharged without a record of conviction
What is an ‘acquittal’?
finding someone not guilty
What is ‘adjournment?’
postponement of a case to a specified date
What is ‘conditional discharge?’
the accused, after being found guilty, is
discharged under certain conditions (keep
the peace, no alcohol consumption, etc.)
What is a ‘complaint?’
the victim of an alleged crime or the person
who initiates a complaint
What is ‘docket court’?
provincial court of first appearance in which
trial dates are set or accused pleads guilty
What is ‘Judicial interim release’?
court order granted by a justice releasing
the accused from custody on his or her
own recognizance or undertaking
What is ‘subpoena?’
order directing a person to appear in court as a witness (can be done by the Crown or Defense)
What is a ‘suspended sentence?’
judge’s order that the sentence need not
be imposed provided that the accused
meets certain conditions set by the court
What are ‘stayed charges’?
are charges held by the Crown. They can be “brought back” within one year of the day they were stayed for prosecution.
