FINAL - Courts 3 Flashcards
1
Q
jury
A
accused is eligible for jury trial when maximum punishment for crime is over 5 years
2
Q
jury selection
A
select most IMPARTIAL members
somewhat random
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”)
4
Q
criminal trial steps
A
- charges read
- prosecution opening statement (MUST include ALL evidence that will be used, eye witnesses, and fully objective)
- defense may choose to make statement
- trial
- closing arguments (a. defense addresses jury THEN prosecution; b. prosecution only addresses jury)
- judge instructs jury (instructs)
- appeals from both sides (if applicable); conviction, sentence, mentally unfit
5
Q
indictable offence appeals
A
point of law, question of fact, length of sentence
6
Q
trial evidence
A
limit of 5 witnesses
cross examination is permitted
judge arbitrates all evidence
no trickery and deceit
7
Q
defense arguments
A
optional use of witness or testimony