Criminal Trial

Participant and their roles

Judge

“Trier of Law” Admissibility of evidence Interprets/explains the law Instructs jury on the law/their role Sentencing of the convicted Decides guilt/innocence in non-jury trials General courtroom control

Prosecution

Crown Attorney, Prosecutor “The Crown”. The lawyer(s) representing the

government / the people. Prepare evidence, exhibits, and

witnesses for trial. Know & research the law, “precedence”

Defence

Person accused or charged “the defendant” Defence Counsel is the defendant’s lawyer Represents the best interest of the accused Non-guilty, present their side, “reasonable

doubt” Duty Counsel is free legal advice to an

accused appearing for the first time or being questioned at the police station.

Witnesses

People give evidence Under oath or affirmation Subpoena may be required

Jury

12 women & men Chosen collectively by crown &

defence Group of random, ordinary citizens “Trier of fact” Unanimously determine innocent/guilty

Beyond a reasonable doubt

A person to be found guilty of an offence MUST be done so in that any reasonable person would have NO CHOICE but to conclude that the defendant, indeed, committed the offence.

Perjury

Knowingly making false statements under oath in court

Justice of the Peace

Similar function as a judge but with less authority or power.

Mainly deals with judicial proceedings at the preliminary stages of a trial.

Ie. Warrants, bail hearings, many provincial statute violations.