trial Flashcards
what is a plea and directions hearing?
court session where the defendants plea is entered and directions for the case are given
what are the two general choices for a plea?
guilty or not guilty
why should one be cautious about other jurisdictions?
other jurisdictions may have different plea options
what happens if the plea is not guilty?
the case will proceed to trial
what are plea bargains?
agreement where the defendant pleas guilty to a lesser charge in exchange for a lighter sentence or punishment
what is attorney genereals reference no 44 of 2000 (peverett)?
specific legal case or reference that may involve issues related to pleading or sentencing
true or false - guilty pleas if 1/3rd reduction if done at first opportunity, then ¼, on first day of trial drops to 1/10
true
what are the type of offence in trials?
summary, either way, indictable
what is a magistrates court?
handle summary and either way offences without a jury, with a maximum custodial sentence of 6 months
what is the role of the crown court?
has a jury, deals with indictable and either way offences, and impose higher maximum sentences, hears appeals on law
what are 11 key figures who sit in a courtroom?
- barrister/counsel
- jury
- solicitor
- registar/court clerk
- judge
- witness
- judicial assistant
- accused
- prison officer
- counsel
(11. digital audio recording box)
what is the typical procedure for a witness before a trial?
normally asked to stay outside the court until they testify
what does R v Kingson [1980] RT 51 refer to?
addresses the issue of whether witnesses can stay in the courtroom in any capacity before testifying
what is a key rule for witnesses before they testify?
witnesses should not chat with each other about the case before testifying
what does R v Shaw [2002\ EWCA Crim 3004 involve?
discusses issues related to witness procedures or courtroom conduct
what does coaching refer to in the context of witnesses?
training or influencing witnesses in a way that affects their testimony in criminal proceedings, which is not allowed
what is established in R v Momodou & Limani [2005] EWCA Crim 177?
states that “training or coaching for witnesses in criminal proceedings…is not permitted. …The witness should give his or her own evidence, so far as practicable uninfluenced by what anyone else has said, whether in formal discussions or informal conversations.”
what does the principle regarding witness preparation state?
allows pre-trial arrangements to familiarise witnesses with the court layout, the likely sequence of events during their testimony, and f the roles of various participants.
Why is it important for witnesses to be familiar with the court process?
a witnesses should not be disadvantaged by ignorance of the process, or surprised how it looks when giving evidence
What is not allowed in witness preparation?
Discussions about proposed or intended evidence
What type of preparation for witnesses is permissible?
sensible preparation that helps witnesses understand the experience of giving evidence, ensuring they are the best they can be
what happens before the trial begins?
discovery and jury selection have already occured
who starts the trail?
prosecution always starts
what are the 7 main components of a trail?
- opening argument
- witness testimonies
- examination in chief
- cross-examination
- re-examination if necessary
- closing argument
- summing up
who has the final word during closing arguments?
the defence
who delivers the summing up at the end of the trial?
the judge
what is the purpose of opening arguments?
set out the advocates case and outlines what they will be doing throughout the trial
how do opening arguments help jurors?
create a ‘mental structure that aid in the processing/interpreting of information’ - understand the case better
what effect do opening arguments have on evidence?
create a ‘belief system’ - influcence how jurors perceive and interpret the evidence presented during the trial
What are the characteristics of a good opening statement?
clear narrative, simple to the point, and makes a positive first impression.
Why is the opening statement significant for advocates?
one of the few chances advocates have to speak directly to the jury, making it crucial for establishing their case.
who generally calls witnesses during a trial?
prosecution or defence
can judges call witnesses during a trial?
yes
in what type of cases may a judge need to call witnesses?
Haringey Justices ex p DPP [1996] QB 351
when is it considered unacceptable for judges to call witnesses?
Grafton (1993) QB 101, as judges should not ‘descend into the fray’
what happens if the defendant is testifying?
go before all witnesses according to s79 PACE
what are open questions?
broad questions that cannot be answered with one word, enables elaboration of answers
what is an example of an open question?
please describe the day in question
what are leading questions?
questions containing the desired answer or assume facts often guiding the respondent toward a specific response
what is an example of a leading question?
you shot him, didn’t you?
what is cross-examination?
questioning witnesses called by the other side following their examination in chief
are leading questions allowed during cross-examination?
yes
what is the purpose of cross-examination?
eliminate “wiggle room,” clarifying the witness’s statements and challenging credibility
what are the two general types of cross-examination?
probing and insinuation
what is probing in cross-examination?
exploring the facts to tie them to a concrete account of events
what is insinuation in cross-examination?
when you put your version of the facts to the witness and pin them to it
what is an important factor to remember during cross-examination?
never ask a question you do not know the answer to
why can cross-examination be tough?
often more aggressive, leading to problematic situations for witnesses
what is a case example of long cross-examination?
Jisl, Tekin, and Konakli [2004] EWCA Crim 696, where cross-examination lasted for 40 hours
was the lengthy cross-examination in Jisl case considered fair?
yes as the lengthy natures was due to the defendants conduct
what must judges do regarding vulnerable witnesses before trail?
set out ground rules which is state in Criminal Practise Direction I.E3.4
can a judge stop a cross-examination and under what condition?
yes, if it still allows for a fair trial
who conducts re-examination?
the party who called the witness
what topics can be covered in re-examination?
only the topics mentioned in cross-examination or examination in chief
what is the purpose of re-examination?
‘damage control’ allowing parties to clarify or reinforce the witness statements
what is the main goal of closing arguments?
persuade the jury
how can closing arguments benefit supporters?
teach supporters how to argue for you
what is a common saying about closing arguments?
“While cases are very seldom won by a closing argument, they can be lost by alienating the jury or inadequate application of theories of evidence.”
what should closing arguments focus on?
‘thorny issues’ not a summary of the trial
why are closing arguments significant in a trial?
the last chance to talk directly to the jury
what does summing up involve?
judge explains the issue of fact, relevant law and what the jury must consider
where can most jury directions be found?
in the summing up
What does the case Cassel v R [2016] UKPC 19 [20] state about a judge’s opinion?
The judge should not “tell the jury in uncompromising terms what his own opinion is on the central issue in the case.”
