Trial Procedures

  1. The Indictment

accused must be read the exact charge

case may be thrown out if the charge is incorrect

reading of the charge to the accused

  1. Entering a Plea
  1. Instructing the Jury
  1. Questioning Witnesses
  1. Witness Testimony
  1. Voir Dire
  1. The Verdict
  1. Stay of Proceedings

pleas are made orally and in open court

accused may make 5 types of pleas

not guilty

guilty

guilty to some counts, but not others

not guilty as charge, but guilty to a lesser charge

special pleas (eg. self-defence)

  1. explains accused is presumed innocent unless Crown proves guilt beyond a reasonable doubt
  1. outline facts Crown must prove to establish guilt (mens rea, actus reus)
  1. explain any defenses accused may present
  1. Direct Examination: attorney who called witness to stand

no leading questions

  1. Cross Examination: done by opposing attorney
  1. get new info
  1. new perspective on testimony

challenge powers of observation

  1. test credibility of witness
  1. Re-direct Examination 4. Re-cross Examination

subpoena: used to call witnesses to court

witnesses take oath/affirmation

perjury - witness knowingly gives false info

no hearsay, surprise witnesses

material witness (one whose evidence will have a major bearing on the decision made in the case) & adverse/hostile witness (one who testifies under duress/against what they were supposed to testify about)

self incriminating evidence can't be used to charge a person

contempt of court: if doesn't show up or doesn't answer questions can be charged and face jail time

accused does not have to testify

trial within trial to determine the admissibility of evidence

judge dismisses jury, hears evidence, and jury will be recalled

proceedings can be suspended or discontinued if there is a justifiable reason why the trial shouldn't continue

directed verdict: defence asks if jury finds accused "not guilty"

charging the jury

  1. reviewing the facts of the case
  1. explaining the law that applies to the case
  1. explaining alternatives to the jury

indicating which evidence should be given weight and which should not