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The Participants
Beyond a Reasonable Doubt
• Crown must prove case beyond a reasonable doubt: a reasonable person would have no choice but to conclude that the defendant committed the offence.
The Judge:
• Decisions on admissibility of evidence
• Controls events in courtroom
• Interprets law pertaining to the case
• Decides guilt or innocence if no jury
• Decides sentence
Justice of the Peace:
• Less authority than a judge
• Issue arrest or search warrants
• Hear bail applications
The Defence:
• Represents interests of the accused
• If accused pleads not guilty – try to show there is reasonable doubt
• If accused pleads guilty will recommend an appropriate sentence
• Accused does not have to take stand
The Prosecution
• Crown represents gov’t/society’s interests
• Role is not to obtain conviction but to present credible evidence of a crime
• Important witnesses are police officers
Witnesses:
• Give evidence under oath, concerning knowledge of a crime
• May be forced to testify by a subpoena
• Commit perjury if they knowingly make false statements on the stand
The Jury
• Group of 12• Pool of ordinary
citizens• Listen to evidence
and follow judge’s instructions on law
• Decide on guilt or innocence
• Decision must be unanimous