Unit 3 - Criminal Trial Terms (Part I) Flashcards
[Finish the statement] In a criminal trial, the burden of proof is on the crown to prove guilt of the accused….
beyond a reasonable doubt
Information (evidence) given by a person who witnessed the event in question is known as
Direct Evidence
Information (evidence) that relates only indirectly to the alleged offence is known as
Circumstantial Evidence
Lawyers from both sides prior to a trial are allowed to dismiss witnesses using this term.
A peremptory challenge
In order to be part of jury duty, three elements must exist, what are they?
- Be 18 years old
- Be a Canadian Citizen
- Be on the voters list
Information (evidence) that shows that the accused has previously committed a similar offence is known as
Similar Fact Evidence
Information not coming from the direct, personal experience or knowledge of the witness is known as
Hearsay Evidence
Evidence based on the thoughts of the witness is known as
Opinion Evidence
Evidence of the person’s character traits can be prejudicial and is therefore restricted in its use is known as
Character Evidence
This device is considered Considered to be Hearsay and is inadmissible as evidence.
Polygraph machine
This person has full control of the courtroom
Judge
The person in the courtroom who looks after all of the files is located right in front of the judge
Court Clerk
The person in the courtroom who is responsible for recording all spoken evidence, questions, and comments made during a trial. Is right in front of the judge
Court Reporter
Responsible for the duties of the legal process in the court. This person may be beside the judge in court
Bailiff
The lawyer(s) who represents the government in a criminal trial. They are always seated on the side of the witness stand
Crown Attorney
The lawyer(s) who represents the person accused of committing an offence
Defense Attorney
the person charged with committing an offence located in the prisoners dock
Accused
a group of 12 citizens who decide on the guilt or innocence of an accused person. Only in superior court
Jury
A person called to give evidence in the trial
witness
When you are arrested, you are read this
Charter Rights Warning
This is usually posted in a pre-trial to allow the accused to be let out of jail under specific conditions
Bail
This is the type of judge that looks over the pre-trial
Master
In order to avoid going to trial or being arrested, a person can set up this with the police or crown attornies.
Plea Bargain
If an individual is an indigenous Canadian, they can ask for one of these instead of a trial
Sentencing Circle
The first thing that happens in a trial after the judge has sat down is this
Arraignment
If the witness knowingly lies on the stand, he or she can be convicted of this
Perjury
This can be used to prove someone was somewhere else when the crime had been committed
Alibi
Which side reads their opening submission first and reads their closing statements last in a trial
Crown Attorney
When there is no UNANIMOUS consent in a jury vote, it is called
A hung jury
This is given by the judge or jury at the end of a trial in regards to the court case that was just heard.
Verdict
What are the two outcomes after a verdict has been given?
- A conviction is decided upon (guilty)
2. An acquittal is decided upon (not guilty)
While incarcerated, criminals can be let out early. This is called
Parole
Both lawyers get to introduce witnesses from their side and ask questions. These questions are called
Direct Questions
Both lawyers get to question witnesses prepared by their ‘friends’ on the other side. These questions are called
Cross-Examination Question
The rows of benches in a courtroom, where sometimes the court artist will be seated is called this
Public Seating Area
