THE CRIMINAL COURT

Chapter 7

Background

English Law practice dates back to William the Conqueror, 1066.

“Court” refers to an enclosed place.

Constitution Act 1867 divided the responsibilities of Canada’s criminal courts to provincial and federal governments.

Government

Federal Parliament is responsible for formulating criminal law and procedure.

It has created three areas of Law:1. Supreme Court of Canada2. Federal Courts of Canada3. Tax Court of Canada

Provincial governments organize and maintain the criminal court system. They also appoint their judges.

Federal government appoints federal court judges as well as superior court and appeal court judges.

Provincial Courts

Two sections:1. Provincial Courts- Trials only.-trial by judge only2. Superior Courts of the province

a. Trials b. Appeals

The Courts

Provincial court: The lowest level in the hierarchy of Canadian courts.

Superior Court of the province: the highest criminal court, consisting of a trial division and appeal division.

Court of appeal: A court with the authority to review decisions made by lower courts.

Court continue…

Federal Court of Canada: a court that hears cases involving the federal government. Has trial and appeal division.

Supreme Court of Canada: the highest appeals court in Canada. Also deals with constitutional questions referred to it by the federal government.

Important definitions

Preliminary hearings: a judicial inquiry to determine whether there is sufficient evidence to put the accuse on trial.

Appeal: An application to a higher court to review the decision made by a lower court.

Leave: Permission to appeal a case from a lower court to a higher court.

Beyond reasonable doubt: a standard of proof whereby a defendant’s guilt must be proven to the extent that a reasonable person would have no choice but to conclude that the defendant did indeed commit the crime.

The Participants

Judge: The court official appointed to try cases in a court of law and to sentence convicted persons.

Justice of the peace: a court official who has less authority than a judge but can issue warrants and perform other judicial functions.

Accused (defendant) in criminal court, the person charged with committing the offence.

More Participants

Accused: (defendant) in criminal court, this is the person charged with the criminal offence.

Duty Counsel: The lawyer on duty in the courtroom or police station to give free legal advice to persons who are arrested or brought before the court.

Defense counsel: the lawyer who defends the accused.

Crown Attorney (prosecutor) The lawyer that represents the government, responsible for instituting legal proceedings against the accused.

Even More Participants

Court Clerk: The court official who assists the judge.

Court reporter: The court official who records everything said during a trial.

Court security officer: The court official who maintains the security of the room.

Sheriff: The court official responsible for jury management.

Bailiff: The court official who assists the sheriff. Witnesses: Persons who give evidence while

under oath in a court of law.

The final list of Participants

Jury: in a criminal trial, a group of 12 people who decide whether the accused is guilty or not.

Jury Panel: A large group of randomly selected citizens from which jury members are chosen.

Preliminary Hearing

Promise to appear: A signed agreement that an accused person will appear in court at the time of the trial.

Recognizance: a guarantee that the accused will appear in court when required, under the penalty of a fine up to $500.

Surety: a person who agrees to make payment if the accused does not appear at trial.

Bail: the temporary release of an accused who posts money or some sort of other security.

First things first.

Show-case Hearing: a judicial hearing in which the crown or the accused has to convince the judge either top detain or release the accuse before the trial.

Reverse onus: the burden of proof shifts to defense.

Property bond: This is when money is not available to post a bail and property or other assets are posted instead.

Choosing a Jury activity.

Challenge for a cause: the right of the crown or defense to exclude someone from jury for a particular reason.

Peremptory Challenge: The right of the crown or defense to exclude someone from a jury without providing a reason.

Language of the Court Evidence: information that tends to prove or

disprove the elements of an offence. Transcript: a typed record of everything said in

a court trial. Subpoena: a court order requiring a witness to

appear in court on a certain date to give evidence.

Perjury: knowingly makes false statements in court while giving evidence under oath or affirmation.

Arraignment: The first stage of the criminal trial in which the court clerk reads the charge and the defendant enters a plea.

The Language of Law

Burden of proof: The Crown’s obligation to prove the guilt of the accused beyond a reasonable doubt.

Direct examination: The first question of a witness to determine what he or she observed about the crime.

Cross-examination: The second questioning of a witness to test the accuracy of the testimony; performed by the opposing attorney.

Motion for dismissal: A request by defense counsel that the judge dismiss the charges against the defendant.

The language of law continued: Rebut: to contradict evidence introduced by the

opposing side. Surrebuttal: a reply to the opposing side rebuttal. Hearsay Evidence: Evidence given by a witness based

on information received from someone else rather than personal knowledge.

Opinion statements: When a witness gives information on their own opinion. Defense and prosecution cannot ask for the witness to give their opinion unless they are an expert in a particular field related to the crime.

Immaterial or irrelevant questions: The questions must be relative to the case in question.

The language of law continued

Non responsive answer: when the witness gives and answer that does not address the question.

Direct evidence: testimony given by a witness to prove an alleged fact.

Circumstantial Evidence: indirect evidence that leads to a reasonable inference of the defendant’s guilt.

Character Evidence: evidence used to establish the likelihood that the defendant is the type of person who either would or would not commit a certain offence.

Suerveillance

Electronic surveillance: the use of any electronic device to overhear or record communications between two or more people.

Wiretapping: the interception of telephone communications

Bugging: recording a speaker’s oral communication by using an electronic device.

NOTE: all of these must be authorized by a judge before hand in order to be admissible in court.

Other methods

Polygraph: “lie detector” is a machine that allows examiners to determine physical signs that indicate deception.

Voir Dire is a mini-trial in which the jurors are excluded while the admissibility of evidence is discussed.

Charge to the jury: the judge’s explanation to the jurors of how the law applies to the case before them.

The end result

Hung jury: a jury that cannot reach a unanimous verdict and is consequently dismissed from the case.

Appellant: The party that files for an appeal.

Respondent: the Party that responds to the appeal.

Mistrial: A trial that becomes invalid because of basic prejudicial error in procedure.

Sentencing: a conclusion given on request or reached after deliberation.