trial procedures & courtroom personnel unit 3 - criminal law

Trial Procedures & Courtroom

PersonnelUNIT 3 - CRIMINAL LAW

Trial Procedures & Courtroom Personnel

• Have you ever watched criminal trials on T.V. or in movies and seen the prosecutors and defence lawyers argue their cases in court?

• What people are involved in the courtroom process?

• Were there many witnesses, or only the accused?

• Did the trial involve a jury or a judge sitting alone?

• Today – we will learn more about trial procedures in criminal courts in Canada & the people involved in the criminal trial process and what is expected of each of them


• In Canada, we have an adversarial system - meaning that the two sides (Crown and Defence) “fight” each other in order to win.

**Copy in your notes

Courtroom Participants


Judge (frequently referred to as “The Bench” or “The Court”)

• Maintains order in the courtroom

• Acts as the referee to ensure that the “fight” is fair – must rule on matters such as the admissibility of evidence, motions made by the lawyers (usually in writing), and lawyer objections to questions

• In a trial with no jury, decides the verdict (guilty or not guilty)

• Sentences the accused person if s/he is found guilty


What are the main duties of a Superior Court Judge?

1. Supervising the ‘Jury Selection/deciding who gets ‘excused’

2. Managing the Trial process – ruling on legal issues

3. Charging the Jury on the law before they deliberate

4. Deciding guilt/innocence in a ‘judge alone’ Trial

5. Sentencing of a guilty ‘Accused’

Note – approx. 85-90% of Criminal matters are heard at the lower Ontario Courts (i.e. Old City Hall) and only the remaining more serious cases are heard in the higher Superior Court., which is also the only Court that has ‘Jury’ Trials


Crown Attorney

• The lawyer acting on behalf of the government (society)

• The burden of proof is on the Crown to prove that the accused person is guilty beyond a reasonable doubt

Defence Counsel

• The lawyer acting on behalf of the accused person

• Attempts to establish doubt in the Crown’s case so that the accused person is found not guilty



Witnesses

• Both sides (Crown and Defence) use witnesses to present their case

• All evidence must be submitted through witnesses

• Witness testify about what they saw, heard, smelt, tasted, and touched

• In most cases, witnesses are not allowed to give their opinion on a matter unless they are an expert in that area (expert witness)


Plead the Fifth- American Term

• In Canada, similar rights exist pursuant to the Charter of Rights and Freedoms. Section 11 of the Charter provides that one cannot be compelled to be a witness in a proceeding against oneself. Section 11(c) states:

11. Any person charged with an offense has the right … c) not to be compelled to be a witness in proceedings against that person in respect of the offence…An important distinction in Canadian law is that this does not apply to a person who is not charged in the case in question. A person issued subpoena, who is not charged in respect of the offence being considered, must give testimony. However, this testimony cannot later be used against the person in another case. Section 13 of the Charter states:

13. A witness who testifies in any proceedings has the right not to have any incriminating evidence so given used to incriminate that witness in any other proceedings, except in a prosecution for perjury or for the giving of contradictory evidence.

http://en.wikipedia.org/wiki/Canadian_Charter_of_Rights_and_Freedoms

http://en.wikipedia.org/wiki/Section_Eleven_of_the_Canadian_Charter_of_Rights_and_Freedoms

http://en.wikipedia.org/wiki/Section_Thirteen_of_the_Canadian_Charter_of_Rights_and_Freedoms


Jury

• 12 jurors, but can proceed with 11 or 10

• Jurors decide whether the accused person is guilty or not guilty

• Must be unanimous decision or else a mistrial is declared



Court Clerk

• Reads the charge against the accused, swears in witnesses, tags evidence

The Court Recorder

• Records all of the evidence given and all questions and

comments made during the trial


Canadian Criminal Court Structure and Appeal

Ontario Court of Justice vs. Superior Court of Justice


Superior Court of Province(Appeal Division)

Supreme Court of Canada

Federal Court of Canada(Appeal Division)

Superior Court of Province(Trial Division)

Federal Court of Province(Trial Division)

The Provincial CourtsYouth Justice Court

Criminal Court

Small Claims Court

Family Court



• Final court of appeal

• Issues of great importance

• Question of law decided/interpreted





• Hears appeals of federal court

• Appeals after go to SCC

• Hears appeals from superior

• 3-5 judges hear appeals

• Hears appeals of summary cases

• Sets provincial precedent







• Jurisdiction over cases with gov’t boards, tribunals, federal jurisdiction, Immigration, intellectual property (copyright & trademarks)

• Federal gov’t cases

• Tries more severe crimes (i.e. murder, sexual assault

• Can be judge or jury








Criminal Court

Small Claims Court

Family Court



Criminal Court

Small Claims Court

Family Court

• Judges are appointed

• No jury trials

• Hears & tries summary offences & less indictable

• Preliminary hearings

• Traffic

• Summary

• i.e. Frederick St. Kitchener

• All criminal cases start here (90% end here)

• 12-17 years old

• Divorce

• Custody

• Support

• Estate

*Not open to the public

• Civil action

• Under $10,000

Activity: The Courtroom in Canada

You may work independently or with a partner

1. Please complete the questionnaire “The Courtroom in Canada” PRIOR to reading article: Canadian Courts vs. Law & Order

2. Read article and answer the following questions:• Who is the district attorney?

• What is counsel?

Who is the district attorney?

• In Canada the district attorney is referred to as Crown Prosecutors

What is counsel?

• A barrister ( A lawyer admitted to plead at the bar in the superior courts) or other legal adviser conducting a case.

trial procedures & courtroom personnel unit 3 - criminal law

Documents

accused person

criminal trial process

courtroom process

criminal law slide

courtroom participants

courtroom acts

witnesses witness

guilty accused note