by the end of this chapter, you should be able to: lo1 describe the structure of the court system,...

By the end of this chapter, you should be able to: LO1 Describe the structure of the court system, and the role and significance of each level of criminal courts in CanadaLO2 Identify the key players in the criminal court processLO3 Describe the basic procedure of a criminal trial and the flow of a criminal case from arrest to appeal LO4 Describe the options for diverting criminal cases from the traditional court systemLO5 Identify several challenges that face the criminal court system

Copyright 2013 McGraw-Hill Ryerson Ltd. 1

LEARNING OBJECTIVES

Copyright 2013 McGraw-Hill Ryerson Ltd. 2LO3

Bail Hearing – to determine whether or not an accused held in custody can be released on a “Judicial Interim Release” (bail)Show Cause Hearing – the Crown requests that the accused be held in custody (must demonstrate the accused is either a danger to the community or a risk to flee prosecution)

If not held in custody, the judge can release the accused on an undertaking, a recognizance with or without either a surety or deposit. The judge may impose conditions on the accused to ensure public safety

THE CRIMINAL TRIAL PROCEDURE


At the first appearance the accused enters a plea of ‘guilty’ or ‘not guilty’

If the accused pleads guilty he/she may be sentenced immediately. The sentencing may be remanded for a pre-sentence report (provides information to the court about the background and history of the offender)



THE FLOW OF A CRIMINAL TRIAL

Offence ClassificationSummary Offence – least serious offences with the lower penaltiesIndictable Offence – most serious offences with the higher penaltiesHybrid/Dual: the Crown decides to proceed either as a summary or indictable offence



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DisclosureThe requirement of the Crown and the police to provide the details (and copies) of all of the evidence against the accused, to the accused prior to trial The accused can use this information to prepare a defense. As the trial proceeds, new information that the Crown acquires must also be shared with the accused



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Preliminary inquiryA hearing to ensure that the Crown has enough evidence to proceed to a criminal trial, the onus is on the Crown to prove thisThe Crown needs only to present enough evidence to show that they have a strong caseThe accused may respond but does not have toAt the end of the hearing, the judge decides if there is enough evidence to proceed, if not the accused is discharged


THE CRIMINAL JUSTICE PROCEDURE

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Plea bargainingA process outside of the formal court proceedingAn accused pleads guilty in return for the Crown reducing the charge or the sentence

Karla Homolka’s plea bargain enragedCanadians when the deal was made before the full extent of her involvementin the sexual assault and deaths of three victims was known



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The Criminal TrialJury selection - 12 impartial jurors are chosen by the Crown and defence (called empanelling)Opening statements – both Crown and defence give an overview of the evidence that they will offerPresentation of evidence – the Crown presents first as the onus is on the Crown to prove the case



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Direct Evidence – evidence that proves a fact and does not require additional explanation or assessment

Circumstantial evidence – evidence that requires the court to draw inferences and make connections to the fact

Real evidence – physical (presented in court as an exhibit). Includes weapons, fingerprints, seized stolen goods

Witness Testimony – police officers, victims, experts, defendant. A witness cannot testify based on hearsay evidence (what a witness knows based on what he/she was told by another person)


TYPES OF EVIDENCE

LO3

by the end of this chapter, you should be able to: lo1 describe the structure of the court system,...

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