Trial Procedures
- 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
- Entering a Plea
- Instructing the Jury
- Questioning Witnesses
- Witness Testimony
- Voir Dire
- The Verdict
- 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)
- explains accused is presumed innocent unless Crown proves guilt beyond a reasonable doubt
- outline facts Crown must prove to establish guilt (mens rea, actus reus)
- explain any defenses accused may present
- Direct Examination: attorney who called witness to stand
no leading questions
- Cross Examination: done by opposing attorney
- get new info
- new perspective on testimony
challenge powers of observation
- test credibility of witness
- 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
- reviewing the facts of the case
- explaining the law that applies to the case
- explaining alternatives to the jury
indicating which evidence should be given weight and which should not