Topic 16: The Criminal Trial Flashcards
What is the trial process for a criminal trial?
(At any point of time, the accused can plead guilty)
Starts with Criminal Mentions Court
Prosecution starts by reading the charge.
Judge asks if accused wants to plead guilty or continue trial
Pre-trial conference;
Logistical issues
Whether a criminal case disclosure conference (CCDC) is applicable to the case
1st CCDC:
Prosecution will present case, witnesses, evidence
2nd CCDC:
Defence Counsel will present case, witnesses, evidence
3rd CCDC:
Additional documents by the Prosecution
Before the trial:
Prepare evidence and witnesses
During the trial:
Prosecution reads charges again
Judge asks if accused wants to plead guilty or continue trial
Prosecution brings out witnesses. Witnesses give their account, get cross-examined, and then re-examined.
If found guilty, judge will decide sentencing on another date.
If prosecution has a case, judge will allow accused to present defence.
Accused will take the stand and give version of what happened. Accused gets cross-examined.
Accused brings out witnesses and so on (same process)
Both sides make closing submissions.
Judge decides the case and announces verdict.
Sentencing hearing:
Defence Counsel will present mitigation plea before sentencing hearing.
Judge may award fines, imprisonment, caning or community based sentences.
What is the burden of proof in criminal law?
Beyond reasonable doubt.
In a criminal trial, the prosecution always present it case first. True or false?
True. Prosecution will bring case and witnesses first for defense counsel to cross-examine.
In a civil trial, the plaintiff always present the case first. True or false?
True. Plaintiff will present case and witnesses first for defendants to cross-examine.
In a civil trial, you can prepare questions to cross-examine the defendant’s witnesses ahead of time. Can you do the same thing in a criminal trial?
No. You have to think on the spot and ask questions in response to what is being said at that time.
In a criminal trial, the burden of proof is always on the prosecutor.
True to some extent.
In drug cases, certain presumptions are made on the accused, and the accused will have to disprove it.
In a criminal trial, when can close-ended questions be asked?
As examination-in-chief and during re-examination, the prosecutor can only ask open-ended questions to let witnesses answer in their own words.
As cross-examiner, the defence counsel can ask close-ended questions to get clearer answer.
The prosecutor is not allowed to ask close-ended questions to its own witnesses. True or false?
True. Because the Prosecutor cannot ‘suggest’ an answer to their own witness.
Questions that annoy the witness are not allowed in court. True or false?
True generally.
The prosecution can give evidence to show that the accused has a bad character. True or false?
False. As a general rule, the prosecution cannot give evidence to show that the accused has a bad character before conviction. However, the defence counsel can give evidence of good character.
The defence counsel can give evidence to show that the accused has a good character. True or false?
True. While prosecution cannot shit on the accused character, the defence counsel can make him into a hero.
A leading question is one that suggests an answer to the witness. Can prosecutor ask leading questions as examination-in-chief?
No. Prosecution cannot ask leading questions.
