The Criminal Court System

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The Criminal Court System

• Chapter 7

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In this chapter we will look at

• The Criminal Court Structure
• The Participants
• The Role of the Jury
• The Criminal Trial Process

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The Criminal Court Structure

• Responsibility for Canadas criminal courts is
  divided between the Federal and Provincial
  governments.
• The Federal parliament is responsible for
  formulating criminal law and establishing courts
  to administer various federal laws.
• The Supreme Court of Canada, The Federal Court of
  Canada and the Tax court of Canada are good
  examples.
• The Provincial court system consists of
  provincial courts and the superior court of the
  province.
• Provincial courts have trial divisions, superior
  courts have both trial and appeals divisions.

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Figure 7.2 The Canadian Criminal Court Structure
and Avenues of Appeal, p. 163
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The Provincial Court, Criminal Division

• Provincial court is the lowest level of Canadian
  courts.
• Judges are appointed by the provincial government
  and cases are tried by judge alone.
• They have the jurisdiction to hear summary
  conviction offences, less serious crimes that
  carry a lighter penalty, and certain indictable
  offences, more serious crimes that carry a
  heavier penalty.
• A persons first contact with the criminal court
  system is usually in provincial court, because
  this court conducts all preliminary hearings, a
  judicial inquiry to determine whether there is
  sufficient evidence to put the accused person on
  trial.
• An appeal is an application to a higher court to
  review the decision made by a lower court. An
  appeal from the provincial court regarding a
  summary conviction offence is heard by a single
  judge of the superior court. If its regarding an
  indictable offence, it is heard by the appeals
  division of the superior court, a panel of three
  to five judges.

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Superior Courts Of The Province

• They are the highest criminal and civil courts in
  the provinces and have a trial and appeal
  division.
• Has jurisdiction in both criminal and civil
  matters, beyond the lower courts.
• Judge and jury unless the accused and the
  provincial Attorney General consent to trial by
  judge alone. By judge alone in provincial court
  or by judge and jury in Superior court.
• Appeals from the Superior Court are heard in the
  Superior Court, Appeal division. Three to five
  judges hear the case and the appeal is won or
  lost based on the majority decision of the
  judges.

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Figure 7.5 Court Procedure for Criminal Cases, p.
166
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The Federal Court System

• Federal Court of Canada A court that hears
  cases involving the federal government and
  consists of a trial and appeal division.
• Also hears appeals from federally appointed
  boards, commissions and administrative tribunals.
• Supreme Court of Canada highest appeals court
  in Canada, which also deals with constitutional
  questions referred to it by the Federal
  government.
• Consists of a chief justice (Beverly Mclachlin)
  and eight justices, all of whom are appointed by
  the federal government. Three come from Quebec,
  three from Ontario, two from the western
  provinces and one from the Atlantic Provinces.
• The court sits in Ottawa for three sessions a
  year winter, spring and fall.
• Cases are heard by a panel of five, seven or nine
  judges, depending on the type of appeal.

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• Hears only appeals, from provincial courts of
  appeal and the Federal Court of Appeal.
• Grants leave, permission to appeal, for matters
  of national significance or when decisions
  conflict in the provincial appeals court.
• The federal government may ask the court to rule
  on questions relating to constitutional issues or
  other federal concerns.
• Other federal courts include the Tax Court of
  Canada, which deals with income tax matters and
  the Court Martial Appeals court, which hears
  appeals from courts in the armed forces.

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The Participants

• There are two fundamental principles of Canadas
  criminal justice system
• An accused person is innocent until proven
  guilty.
• Guilt must be proven beyond a reasonable doubt.
• Beyond a reasonable doubt is a standard of proof
  whereby a defendants 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 offence.

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The Judge

• The judge is the court official appointed to try
  cases in a court of law and to sentence convicted
  persons.
• Makes decisions on such things as admissibility
  of evidence and interpretation of the law.
• In a jury trial, the judge is the trier of law
  and the jury the trier of fact. The judge
  instructs the jury on points of law, the jury
  decides the verdict based on the judges
  instructions and the evidence or facts presented,
  and the judge sentences the person. In a non-jury
  trial, the judge does both.
• A Justice of the Peace is a court official who
  has less authority than a judge but can issue
  warrants and perform other judicial functions.

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The Defence

• The Accused or defendant is the person charged
  with committing a criminal offence.
• Duty counsel refers to a lawyer on duty in a
  courtroom or police station to give free legal
  advice to persons just arrested or brought before
  the court.
• Defence counsel is the lawyer who defends an
  accused person on trial.

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The Prosecution

• The crown attorney or prosecutor is the lawyer
  representing the government. They are responsible
  for bringing forward credible evidence of a
  crime.
• Evidence is information that tends to prove or
  disprove the elements of an offence.

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Court Personnel

• Court Clerk assists the judge by keeping a
  record of the trial exhibits, administering oaths
  and announcing the beginning or end of the court
  session.
• Court reporter records word for word everything
  said during the trial. If required the reporter
  can produce a transcript or typed record of
  everything said in court.
• Court security officer handles accused persons
  who are in custody and helps maintain security in
  the courtroom.
• Sheriff responsible for the jury, including
  summoning, paying, secluding and guarding them.
• Bailiff court official who assists the sheriff.

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The Witnesses

• Witnesses give evidence, under oath or
  affirmation, of their knowledge of the
  circumstances surrounding a crime.
• They are compelled to appear in court by a
  subpoena, a court order requiring the witness to
  appear in court on a certain date to give
  evidence.
• Failure of a witness to appear can result in a
  contempt of court charge for obstructing the
  course of justice and disobeying the courts
  authority.
• Committing perjury, knowingly making false
  statements in court while giving evidence, is a
  serious offence. The maximum penalty is 14 years
  in jail.

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The Jury

• The jury is a group of 12 people who decide
  whether the accused is guilty or not guilty.
• They are chosen by the crown and defence from a
  pool of ordinary citizens.
• They listen to the trial, consider all the
  evidence and follow the judges instructions
  about the law.
• They withdraw to the jury room to deliberate,
  consider the evidence and decide guilt or
  innocence.
• Their decision must be unanimous!!

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The Role of The Jury

• Comes from the French word jurer, which means
  to swear an oath.
• Eligible jurors are 18 years old, Canadian
  citizens, and a resident of the province for at
  least one year.
• Publicly elected politicians, lawyers, prison
  guards, police officers and probation officers
  cannot serve as jurors.
• People can be exempt from jury duty for health
  and religious reasons, financial hardship or if
  they have served on a jury in the past 2 years.
• If you wish to be excused from the jury you can
  apply to the sheriff.

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Jury Selection

• Selected at random from electoral polling lists.
• A group of potential jurors is called a jury
  panel. The accused first comes before a judge and
  jury panel during the arraignment, the first
  stage of a criminal trial in which the court
  clerk reads the charge and the defendant enters a
  plea.
• If the plea is not guilty, the crown and defence
  will begin to select jurors from the panel under
  the supervision of the judge.
• The process involves six steps

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1. Peoples names are randomly selected and read
   aloud to the court.
2. The person whose name has been chosen goes to the
   front of the court and faces the accused.
3. Both the Crown and the defence can object to a
   potential juror by challenging the individual.
4. A challenge for cause, the right of the Crown or
   defence to exclude someone from a jury for a
   particular reason, can be used if they feel that
   the potential juror has already formed an
   opinion, cannot physically perform their duties
   or has been convicted of a serious offence. Each
   side has unlimited challenges for cause.
5. After a juror is accepted as suitable and
   impartial, the Crown or defence can still reject
   the juror by using a preemptory challenge, the
   right of the Crown or defence to exclude someone
   from a jury without providing a reason. 20
   challenges for serious cases, 12 if the accused
   can be sentenced to more than five years and 4 if
   the sentence is less than five years.
6. Selection process is complete and the jurors take
   the jurors oath.

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I swear to well and truly try and true
Deliverance make between our sovereign the Queen
and the accused at the bar, whom I have in
charge, and a true verdict give, according to the
evidence, so help me God.
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The Criminal Trial Process

• Burden of proof refers to the Crowns obligation
  to prove the guilt of the accused beyond a
  reasonable doubt. It is not up to the accused to
  prove innocence.
• After the jury has been selected, here are the
  steps of a criminal trial.

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• The judge explains to the jury their role as the
  trier of facts. The jury then selects a
  foreperson who will represent them and
  communicate with the judge, as well as lead the
  jury through deliberations and read the verdict
  at the end of the trial.
• The Crowns opening statement.
• Begins every trial, as the Crown has the burden!
• It identifies the offence committed, summarizes
  the evidence against the accused and outlines how
  the crown will present its case.
• Crown examines witnesses.
• First examination of a witness is called direct
  examination, where each witness is asked to tell
  what he or she observed about the crime.
• The defence then cross-examines the witness, to
  test the accuracy of the evidence or to convince
  the jury that there are contradictions to the
  witnesses testimony.

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• 4. Motion for dismissal.
• Occurs after the Crown finishes calling
  witnesses.
• This is a request by defence counsel that the
  judge dismiss the charges against the defendant
  because the Crown failed to prove its case beyond
  a reasonable doubt.
• If the judge agrees, it could result in a
  directed verdict, a decision by the judge to
  withdraw the case from the jury and enter a
  verdict of not guilty.
• If not, the trial continues.

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• 5. Defence Presents Opening Statement
• Summarizes its case.
• 6. Defence examines witnesses
• May choose to call witnesses to refute testimony
  provided by the Crowns witnesses or to show
  reasonable doubt.
• Procedure of direct examination, by the defence,
  and cross examination, by the Crown, is repeated.
• The accused may choose to testify on his or her
  own behalf but cannot be compelled to do so.
• 7. Crown rebuts
• After the defence has presented its evidence, the
  Crown has the opportunity to rebut, or contradict
  any new evidence the defence has introduced.
• 8. Defence presents surrebuttal
• - A reply to the opposing sides rebuttal

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• 9. Closing Arguments
• Crown closes first if the defence has not called
  witnesses. Defence closes first if it has called
  witnesses.
• Crown shows why the defendant is guilty beyond a
  reasonable doubt. The defence tries to show that
  the Crown has not established the actus reus and
  mens rea, showing that a reasonable doubt exists.
• Intended to help the jury better understand the
  issues of the case, not to present new evidence.
• 10. Charge to the jury
• After closing arguments, the judge gives a charge
  to the jury, the judges explanation to the
  jurors of how the law applies to the case before
  them.
• He advises the jurors on how to consider the
  evidence and how to return a verdict in
  accordance with the law.
• Must be very careful as the charge is often the
  basis for an appeal.
• The judges role is to decide on matters of law
  and the jury must decide on matters of fact. For
  example, the judge decides what evidence is
  admissible, the jury decides on what evidence is
  believable.

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• 11. Jury deliberates
• After the charge has been given, the sheriff
  escorts the jurors to the jury room to deliberate
  or reach a decision.
• If they believe the accused or they dont know
  who to believe, they must acquit.
• If they are left with reasonable doubt regarding
  the defendants guilt they must also acquit.
• 12. Jury returns a verdict
• The verdict has to be unanimous.
• Once reached, the verdict is read in open court.
• Both the Crown and the defence have the right to
  ask that the jury be polled or stand individually
  and confirm their agreement with the verdict.
• A jury that cant reach a verdict is called a
  hung jury. In this case the jury is discharged
  and a new jury is selected to try the case again.

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Figure 7.10 Trial by Jury, p. 183
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Rules Of Evidence

• During a trial, the Crown or the defence may
  object to questions asked or the answers provided
  by witnesses.
• When an objection is made the judge rules on
  whether the evidence in question is admissible or
  accepted by the court.
• Here are the most common grounds for
  objection..

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• Leading question A question that suggests to a
  witness a particular answer. Such a question is
  not allowed during direct examination. During
  cross examination it is allowed only if it
  pertained to previous testimony.
• Hearsay statements Evidence given by a witness
  based on info received from someone else rather
  than personal knowledge. Inadmissible in court!
• Opinion statements A witness cannot be asked
  their opinion on something unless they are an
  expert in the field.
• Immaterial/Irrelevant questions A question that
  has no bearing on the case.
• Non-Response answers When a witness doesnt
  answer the question given, and has to be directed
  to do so by the judge.

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Types of Evidence

• Direct evidence testimony by a witness to prove
  an alleged fact. (eyewitness)
• Circumstantial evidence indirect evidence that
  leads to a reasonable inference of the
  defendants guilt. To be admissible the
  defendants guilt must be a conclusion drawn from
  the evidence.
• Character evidence establishes the likelihood
  that the defendant is the type of person who
  either would or would not commit a certain
  offence. The Crown is not allowed to attack the
  defendants character but the defence is allowed
  to show the defendants good character. Once done
  however, the Crown can rebut this evidence by
  using the defendants past convictions.
• Electronic Surveillance admissible provided
  wire tapping or bugging was authorized before
  hand by a judge.
• Voir Dire - A trial within a trial where the
  jurors are excluded while the admissibility of
  evidence is discussed.

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Appeals

• The ability to appeal is an important safeguard
  in our system.
• Notice of an appeal must be filed quickly,
  usually within 30 days.
• An appeals court hearing the case can affirm the
  lower courts decision, reverse it or order a new
  trial.
• Both the defence and the Crown can appeal a case
  it considers improper. They can appeal the
  decision or the sentence.
• The side that files the appeal is called the
  appellant, the responding side is called the
  respondent.
• The appeal is usually heard by a panel of 3 to 5
  judges, who only have to reach a majority
  decision. A written opinion of both the majority
  and dissenting sides can be issued.