The Criminal Trial Process Flashcards
what is an arraignment?
starts the trial, FORMAL READING of the CHARGES to the accused in court. accused says how they will plea (guilty or not guilty).
what is a preliminary hearing?
used to DETERMINE if there is SUFFICIENT EVIDENCE to have a trial. gives the defense a PREVIEW of the crowns argument (no surprises)
what happens during the opening statements?
CROWN PRESENTS its opening statement to judges/ jury where they SUMMARIZE their case.
why is the crown the first to present their case to the court?
since they have the BURDEN of PROOF. defense gives opening statements once the crown RESTS their case (note: closing statements are back to back)
what is the direct examination?
INITIAL QUESTIONING of a WITNESS by the LAWYER who has CALLED THEM to the stand. they should FURTHER your argument.
how should questions be used during direct examination?
SUGGESTIVE as to FORWARD an argument and CONVINCE the judge/ jury of something, but are NOT LEADING
what is a redirection?
witness has ALREADY been direct examined, but you get to question them AGAIN AFTER CROSS to “CLEAR THINGS UP”
what is the cross examination?
when the OPPOSING COUNSEL gets to IMMEDIATELY QUESTION the witness to RESPOND to statements made during direct, UNDERMINE their position, and ATTACK their CREDIBILITY may ask leading question
what is challenging for cause?
CHALLENGING the ADMISSIBILITY of EVIDENCE
what is a character witness?
WITNESS who can speak to someones CHARACTER (ex. known them forever). will have BIAS, but its IRRELEVANT
how do you conclude your side of the case?
by RESTING YOUR CASE after calling all witnesses and presenting all evidence
does the accused have to take the stand?
NO. often don’t, so to NOT INCRIMINATE THEMSELF (when under oath). this choice cannot be interpreted as an admission of guilt
what happens during the closing statements?
each side presents CLOSING STATEMENTS. the judge will “CHARGE TO THE JURY”. if found guilty, sentencing will happen later
what does “charge to the jury” mean?
after closing statements the judge will INSTRUCT the jury of its DUTY to review the FACTS and apply the LAW to the case
