THE CRIMINAL JUSTICE SYSTEM Flashcards
bail
If an accused is released on condition, including the requirement of a deposit of money or other valuable security with the court
Information
an accusation made in writing and under oath before a justice in which the informant states that he has personal knowledge or that he believes on reasonable grounds that the accused person has committed an offence
Indictment
an accusation in writing of a serious (that is, indictable) offence and is brought in the name of the government
peremptory challenge
he right to challenge a juror without assigning a reason for the challenge (i.e., without giving cause)
vicarious liability
the absolute liability of one party for the misconduct of another party
The Burden of Proof in Criminal Trials
The government has the burden of proof with regard to the offence.
In criminal cases, the verdict is usually based on assurance
beyond a reasonable doubt
The civil trial requires only a
preponderance of the evidence to support a decision
The job of the prosecutor is
not to win, but see that justice is done. This means that the prosecutor should call all relevant witnesses and evidence, even if favourable to the accused. He or she is to treat all witnesses, including the accused, with moderation and fairness
The job of the defence lawyer is
to make sure that the accused is not convicted unless the prosecution proves its case, using only evidence that is fairly and legally obtained and
presented.
The judge’s role is
to make sure that the trial is conducted fairly and impartially and
according to the rule of law. If there is no jury, then the judge will decide the issues based on
the evidence submitted. If there is a jury, the judge will instruct the jury on whatever parts of
the criminal law apply to the case, and make sure they know that their decision must be
made according to that law.
Most juries consist of
12 jurors and two alternates
Both the prosecution and defence may
exclude a
certain number of jurors for valid reasons. Either the accused or the prosecutor may challenge the jury panel on the ground of partiality, fraud or wilful misconduct on the part of the officer by whom the panel was returned. The panel is the whole list of jurors summoned by the sheriff. The judge determines whether the alleged ground of the challenge is true or not. If true, a new panel is returned.
The prosecutor or the accused may also challenge for cause. A challenge for cause can be
made on the following grounds:
- Name of the potential juror is not on its panel
- Juror is biased
- Juror has been convicted and sentenced to imprisonment
- Juror is an alien
- Juror is unable to perform his duties
- Juror cannot speak the official language in which testimony would be given
Liability of Officers and Employees
The liability of the corporation is generally in addition to and not a substitute for the
individual liability of the person who was the “directing mind” responsible for the criminal
offence. Other offences may specifically provide for liability of officers or employees.
