THE CRIMINAL THE CRIMINAL COURT SYSTEMCOURT SYSTEM

THE TENNIS COURT OATHTennis Court / Courtyards

THE BAR

FEDERAL GOV’T-SUPREME COURT OF CANADA-FEDERAL COURT OF CANADA-TAX COURT OF CANADA

PROVINCIAL GOV’T- CRIMINAL COURT SYSTEM

We are concerned withthe blue box.

MostlyIncome

Tax

Not MilitaryUsually

SupremeOr

FederalJudges

Nisga’a Nation

Includes: Criminal Court, Youth Justice Court,Family Court, Small Claims Court

See Slide #4 foreasy version

Judge Alone

B.C. CRIMINAL COURT- Summary Convictions (Nudity/Disturbance) -‘Lesser’ Indictables (Mischief, Theft under $5000)-Municipal Bylaws (Parking, Noise, Dogs)-All Preliminary Hearings (Enough evidence to proceed???)

PROVINCIAL COURTS OF B.C.

Reviews the decisions of a lesser court(3-5 Judges hear case)

Judge & Jury ???

Rules on serious cases. Ex. Murder, treason, etc.

Hears civil & criminal referred byboards, tribunals, or Attorney General.

Highest appeal court – ‘The toughies’Constitutional Issues

5-7-9 appointed judges

THE PARTICIPANTSTHE PARTICIPANTSJUDGE – Rules on : - Admissibility - Interprets laws - Informs jury of laws - No jury = Guilty or Not - Sentences Guilty

Justice of the Peace – Warrants, weddings, bylaws etc. Not as much power as a judge.

DEFENCE - Protects accused / defendant - Shows reasonable doubt - Legal Aid = Duty Counsel - Recommends sentences.

CROWN / PROSECUTION - Represents society/gov’t. - Evidence, witnesses, laws. - Tries to prove guilt

COURT CLERK - Assists judge: oaths, opens/closes

REPORTERElectronically recordsProvides transcripts

SHERRIFF / BAILIFFJury Duties: Gaurds, pays, summons, & secludesSecurity Officer – order in

court.

WITNESSCivic DutyEvidence SubpoenaPerjury

JURY????- 12 People (Defence & Crown)-Civic duty-Listen, examine, decide.-Unanimous-Hung jury

THE ACCUSEDInnocent Till Guilty

Beyond A Reasonable Doubt

B.C.PROVINCIAL

COURT

Criminal vs. Civil?What differences do you see?

No Crown / Plaintiff, No defendants box, Jury #s, generally smallerReasonable Doubt vs. Probability

THE OJSIMPSON

CASE

ROLE OF THE JURYROLE OF THE JURY

QUALIFICATIONS - varies from prov. to prov. - 18yrs. + / from prov. - publically elected officials not used. - Exemptions (Apply to sheriff):

- Financial hardship??- < 2 yrs. since last time- health & religion??

JURY SELECTIONJurors are picked from polling lists.The jury panel is brought to the

arraignment. If “Not Guilty”plea, selection begins.

STEPS TO SELECTION 1. Names drawn at random from

jury panel.2. Drawn names face the accused.3. Crown or Defence can challenge. Challenge For Cause – Based on a

particular reason (Biases) Peremptory Challenge – Excluded without a reason.(Murder = 20, 5+ yrs. = 12, < 5 yrs. 4)4. Twelve selected jurors

= juror’s oath.

”When you go into court, you are putting yourself in the hands of twelve people, who weren't smart enough to get out of

jury duty”

THE CRIMINAL TRIAL THE CRIMINAL TRIAL PROCESSPROCESS

Burden of Proof – “Innocent until proven guilty” Burden of Proof – “Innocent until proven guilty” “Beyond Reasonable Doubt”“Beyond Reasonable Doubt”

ACCUSED IS ARRAINED

-Habeus Corpus-Defendant enters a plea

- Guilty/Not Guilty

JURY IS SELECTED - 12 Jurors-Panels-Challenges

JUDGE ADRESSES JURORS

-Judge explains role of jury-Elect a foreperson

- Leads deliberation- Communicate with judge- Informs court of verdict

1.

2.

Lindsay Lohanpleading guilty.

3.

CRIMINAL TRIAL CRIMINAL TRIAL STAGESSTAGES

CROWN PRESENTS OPENING CASE-Crown 1st because they = burden of proof- includes: offence, summary, outlines presentation

(You will see….)

CROWN EXAMINESWITNESSES-Direct / Examination in Chief (1st questioning)-Defence may cross- examine

DEFENCE = MOTIONFOR DISMISSAL- If defence feels not enough evidence.- If judge agrees = directed verdict of not guilty.

DEFENCE = OPENING STATEMENT

As crown but for defence.

DEFENCE EXAMINESWITNESSES- As above but witnesses are for the defence.- Defendant may/may not testify.

CROWN REBUTS

Crown has opportunityto rebut any new info / witnesses.

DEFENCE = SURREBUTTALDefence can rebutAny new info broughtUp in crown rebuttal.

CLOSING ARGUMENTS- Crown 1st if defence = no witnesses.-Defence 1st if = witnesses-Crown = Beyond Reasonable doubt.- Defence = NO Mens Rea/Actus Reus

JUDGE GIVES CHARGETO THE JURY(See next slide)

BACK TO JURYBACK TO JURYJUDGE GIVES CHARGETO THE JURYThe judge explains how law applies.If there is a mistake here = appeal.Deliberation takes placeJudge = Law; what evidence is admissibleJury = Facts; what evidence is believable

THE VERDICTThe verdict must be unanimous and is read in court.Each jury member can be polled if necessary.If not unanimous it will be considered a hung jury.

A new jury will selected & case tried again.

APPEALSIf one side feels a mistake has been made they may appeal.Three options: 1. affirm 2. reverse 3. new trialBoth crown & defence may also appeal the sentence.Appeals heard by 3-5 judges.

Usually no witnesses; transcripts & evidence

THE RULES OF THE RULES OF EVIDENCEEVIDENCE

““Objection Your Objection Your HonourHonour!!”!!”

LEADING QUESTIONSQuestions that suggest an answer.

Ex. What did you see? vs. “It was Mr. T. who punched him, correct?” (Yes/No ???)Note – Cross-examination may use leading

questions if it pertains to previous testimony.

HEARSAY STATEMENTSWitnesses must have first hand info; cannot be from a third party.Ex. “I saw ….” vs “John told me that he saw….” (Not admissable)

OPINION STATEMENTSOnly experts can give opinions on matters that go beyond common Knowledge. “What colour was the car?” vs. “Was he mentally insane?”

THE RULES OF THE RULES OF EVIDENCEEVIDENCE

““Objection Your Objection Your HonourHonour!!”!!”

IMMATERIAL OR IRRELEVANT QUESTIONSNo connection to the matter at hand Ex. R. v Truant Murder trial - “Was Mr. T. a good teacher?” Relevance?????

NON-RESPONSIVE ANSWERSWitness is avoiding the question; Judge will be asked to direct the witness to answer.

*!@

TYPES OF TYPES OF EVIDENCEEVIDENCE

DIRECT EVIDENCE-testimony given by a witness to prove an alleged fact.-The most common evidence.-“I saw Mr. T. ….”

CHARACTER EVIDENCE-Using past reputation to show the likelihood of committing a crime.-Court usually allows good character but shies from using bad character.

NOTE – If defence uses good character, crown can use bad. -Past convictions may be used; credibility

ELECTRONIC SURVEILLANCE-Wiretapping and bugging-Must be authorized by a judge beforehand or in case of emergencies; warrants.

CIRCUMSTANTIAL EVIDENCE-Indirect evidence that leads to a reasonable inference.- Admissible if there is reasonable connection.-Always cross examined as … “Can you be positive……?”R. v. Trochyn – p. 218

TYPES OF TYPES OF EVIDENCEEVIDENCE

(cont.)(cont.)VOIR DIRE-A trial within a trial to determine if evidence is admissible.-Jury is removed while voir dire is going on.

POLYGRAPH TEST- Lie detectors.-Measures pulse, respiration, & blood pressure – base-lines-Not 100% accurate-

– Not admissible