Trial process

Not as complicated in some part of world

Not do here in
Defence council and possession must present evidence
Responsibility of crown cannot disclose its case before its made
Both parties must do that in US
Crown Prosecutor
Job is to enforce not necessarily convict
Make reputation on the basis on conviction
Not quiet a case
They will often engage in plea bargaining
Not necessarily to get conviction
To make sure law is carried out
Present all the relavant evidence (satisfactory to cheif
Helpful to presuctor have to be presented
Not necessary to present all the evidence
Successes when they get conviction
Conviction rate is seen as success, acquittal as failure
Reality is job is enforce the law that mean conviction although conviction is not
defined as role
It’s a duel process role
Makes opening statement to the jury, sets (what is and isn’t appropriate to the
case) set intense for the trail

Judge

Examine records and witness

Go ahead with the case doesn’t have to take every case what is presented by police
They can choose what case they want like police have whether to arrest or not
Not going to waste time with probable equalible
Courts is slowing down end up in conviction
Do other kinds of things
Job is lays out evidence
Decides whether to go ahead with the case
Lays out evidence and examines witnesses in preliminary hearing
Heavy workload 6-10 cases per day 14 in peak period
Paul bernado ( he was not a part of team which did it )
a lawyer works for 52-80 hours week
Preside over court
Admits or excludes evidence (Key of appeal) crucial part of judges rules
Instructs juries re evidence and charges (gives by judges to jury) 2nd reason for
appeal
Give imprecise inaccurate and some inadequate writing to juries
Make a case to the jury that is in accurate they have to do it over asked by courts

Illegaly evidence can be obtained in Canada

Determintes guilt or innocence if there is no jury

Judges are appointed by federal government for superior court and higher

Provisional government for lower levels

Defence lawyers

Getting the charges or penality reduces they have decimal record if they take you
out
Its very low (cases ends with equitable)
Officers of the courts as they are prosecutor
Videos to be present the crown
They tell client what the whole process is going to be
Represents interests of client
Prepare cases determines strategy
Helps client understand laws procedures and possible sentences
Potential penailties might be
Determine what to do with plea bargaining
Challenge evidence questions witnesses
May not allow client to lie on the stand(part of oblication as officer of court) that
evidence presented is true.
If client is allowed to lie then lawyers will lose licences (criminal offence)

The plea

Guilty (90% determine plead guilty)

Every case went to trail we will need additional judges, courts (awful lot of money
spend on cases)
Plea bargains are not necessary accepted
Agreement among them but crown is not in obligation to accept that plea they can
give different outcome they believe it will work.

Preliminary hearing

(not all the elements) present sufficient evidence (most important aspects to find
solution of cases
Defendant may request preliminary hearing for indictable offenses in order to see
what evidence exists
Whether there is enough to continue with trial.
Request a publication ban until case is finished (before guilty verdicts where people
have not found guilty because of insufficient evidence, case is fabricated tainted
evidence in that situation have to be publicized.
Discriminate people on the base of conviction not a part of human rights
Both defence and persecution may request ban
But not necessarily granted
Defendant may waive preliminary hearing
Plead guilty, speed things up, avoid negative publicity
Last for minutes
Baby murders in hospitals (preliminary hearing case got tossed when evidence is
presented that nurse wasn’t in country) staven nalas
Presecutor discreation

Options
Drop charges
Plea bargaining
Indictment or summary conviction stays proceeding
Factors
Sufficient evidence to convict
Type of offence
Offender’s record
Type of witnesses and victim

Plea Bargaining

Sexual assault to aggregate assault

Social term then legal term
Common assault, sexual assault causing bodily harm, aggregated or
aggravated sexual assault

Jury Trial
Limited to offenses with maximum sentence of 5 years or more
Usually at request of defendant but may also be order by judge
Assemble list of eligible jurors ( eg voters list)
Summon a judge
Challenges
Peremptory challenges (
Requires no reason maximum 20 for murder 12 for other offences
For cause
Not common in Canada
Prior incarceration, relationship to the accuse, disability non citizen
Racial bias challenge recognized in 1993
Stand aside
For personal hardship of juror. Judge decide
Need 12 juror in all
Cant continue a trial with fewer than 10

Legal rights
Defendant has right to be present at trial, cross examine witnesses
Testimony of the person assaulted and person who have assaulted
right to confront whoever accused you
Children may be allowed to testify from behind screen or closed circuit Tv
Chicago 8 famous trial (judge violated the rights of accused)
Vulnerable to suggestion (childrens)
Videotaped statements are rarely accepted