FINAL - Courts 3 Flashcards

1
Q

jury

A

accused is eligible for jury trial when maximum punishment for crime is over 5 years

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2
Q

jury selection

A

select most IMPARTIAL members
somewhat random

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3
Q

legal rights IN TRIAL

A
  • right of innocence until proven guilty
  • right to confront the accuser (heresy/serious cases)
  • right to a speedy trial
  • supreme court and unreasonable trial (delay)
  • right to public trial (“open courts”)
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4
Q

criminal trial steps

A
  1. charges read
  2. prosecution opening statement (MUST include ALL evidence that will be used, eye witnesses, and fully objective)
  3. defense may choose to make statement
  4. trial
  5. closing arguments (a. defense addresses jury THEN prosecution; b. prosecution only addresses jury)
  6. judge instructs jury (instructs)
  7. appeals from both sides (if applicable); conviction, sentence, mentally unfit
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5
Q

indictable offence appeals

A

point of law, question of fact, length of sentence

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6
Q

trial evidence

A

limit of 5 witnesses
cross examination is permitted
judge arbitrates all evidence
no trickery and deceit

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7
Q

defense arguments

A

optional use of witness or testimony

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