Pages , Looking Back
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1 Pages , Looking Back 1. Choose the appropriate term from the vocabulary list above to complete the following statements: a) A(n) peremptory challenge is the exclusion of a prospective juror from jury duty for no reason. b) The concept of burden of proof means that the Crown has the responsibility of proving the offence beyond a reasonable doubt. c) Perjury occurs when the witness lies in court under oath. d) A(n) subpoena is a court order requiring the witness to give evidence in court. e) Direct examination occurs when the Crown or defence lawyers question their own witnesses for the first time. f) A(n) preliminary hearing is held to determine whether there is sufficient evidence to put the accused on trial. g) The sheriff is the person responsible for managing the jury. h) The Federal Court of Canada hears disputes regarding trademarks and patents. i) The superior court of the province is the highest trial and Appeals Court of the province. j) A(n) court reporter records verbatim everything said during a trial. k) Leave is the permission required to appeal a case from a lower court to a higher court. 2. Create a diagram to illustrate the Canadian court structure and avenues of appeal, using symbols or illustrations if you wish. Check students diagrams against Figure 9.2, Canadian Criminal Court Structure and Avenues of Appeal, on page 255 of the text. 3. List any five participants in the criminal trial process and briefly explain the role of each. Students should choose any five of the following judge makes decisions on the admissibility of evidence controls events in the courtroom interprets the law pertaining to the case justice of the peace issues warrants
2 performs other judicial functions, but has less authority than a judge duty counsel gives free legal advice at the police station or in the courtroom to persons just arrested or brought to the court defence counsel defends the accused on trial Crown prosecutor conducts legal proceedings against the accused on behalf of the government court clerk administers oaths performs duties to assist the judge court reporter records everything said during a trial court security officer maintains security in the courtroom sheriff responsible for jury management bailiff assistant to the sheriff 4. Summarize the steps in selecting a jury for a criminal trial. The steps in jury selection are as follows jury panel selected from names drawn at random and read aloud each person named faces the accused at the front of the courtroom Crown or defence counsel may challenge each prospective juror Crown or defence may challenge for cause once accepted as suitable and impartial, potential juror may still be excluded through a peremptory challenge by either Crown or defence twelve selected jurors take the juror s oath 5. When is the Crown allowed to introduce evidence of the defendant s past convictions? Once the defence counsel has introduced character evidence, the Crown is allowed to rebut it by presenting contradictory character evidence. 6. Who returns a directed verdict: the Judge or the jury? A directed verdict is given by the Judge. 7. By tradition, the justices appointed by the federal government represent different regions of Canada. Would it be better to appoint justices based on merit regardless of region? Discuss.
3 Answers will vary, but students should consider what would happen to a federally appointed court such as the Supreme Court if all its justices came only from Ontario and Québec. Would the Western provinces and the Atlantic provinces receive due consideration from the Court if this were the case? 8. What is the main advantage of having an odd number of judges on an appeal panel? The decision of an appeal is based on the majority ruling. Suppose there is an even number of judges, for example, six. If three judges rule in favour of an appeal and three judges rule against it, then there is no final decision because the judges are deadlocked. When a court has an odd number of judges, such a scenario cannot occur. 9. Do you think that Canadian jurors should be allowed to interrupt a trial and ask for clarification of the evidence at any stage of the trial? Discuss. Students should consider the number of interruptions likely to be made. The flow of the trial can be severely disrupted if there are too many interruptions, and some of the requested clarifications may be for very trivial matters. 10. Select a case that appears in your local newspaper, and keep a daily log of events as they occur. Prepare a display, showing dates and using newspaper articles and photos to illustrate the various stages of the trial. Student answers will vary depending on the case selected from the newspaper. Various stages of the trial should be included such as the arraignment of the accused, jury selection, the examination of witnesses by the Crown and defence, and closing arguments. The jury s verdict should also be included. 11. As a class, choose any case from Chapter 6 or 9, and role-play a mock jury selection for that trial. Pick your roles Judge, defendant, Crown attorney, defence counsel, and members of the jury panel. Each potential juror will create a fictional profile by completing a form with the following information: name, age, occupation, and type of dwelling. These forms will be arranged alphabetically and will be made available to counsel. Follow the procedure for jury selection as outlined in this chapter and apply the guidelines for peremptory challenges. After the jurors have been selected, both sides will share their reasons for accepting or rejecting various members of the panel. Student answers will vary depending on the case selected and the fictional profiles created. The potential jurors can create their fictional
4 profiles. Then arrange them alphabetically and make them available to counsel. Follow the procedure for jury selection as outlined on pages of the chapter. After the jurors have been selected, both sides will share their reasons for accepting or rejecting various members of the panel. 12. Imagine that you have been selected as a potential juror in a murder trial. Answer the following questions pertaining to the case: a) What is the name of the court that would hear the murder case? The murder case would be heard by the Superior Court of the province. b) Both the Crown and defence counsel decide to challenge you as a potential juror. Explain the two types of challenges they may use. The challenge for cause is the right of the Crown or defence to exclude someone from a jury for a particular reason. The peremptory challenge is the right of the Crown or defence to exclude someone from a jury without providing a reason. c) You are accepted on the jury. Soon after the trial begins, you are escorted to the jury room while the admissibility of a piece of evidence is being debated in the courtroom. What is this process called? Why do you think you are not allowed to listen to the debate? This process is called a voir dire. The jurors are excluded from the courtroom so that they will not be influenced by the debate regarding the admissibility of a certain piece of evidence. d) During the trial, you may hear some objections stating that certain evidence or testimony violates the rules of evidence and is, therefore, inadmissible. List some objections you may hear during the trial, and provide an example of each. Hearsay statements: A witness can only testify as to what he or she saw or experienced. Example: Joe told me that he saw Jacob stab Mike with a knife. Opinion statements: A witness can only give an opinion about a matter that does not go beyond common knowledge unless he or she is a recognized expert in that particular field. Example: A person who has a very limited knowledge of cars testifies that the brakes failed due to faulty brake pads. Immaterial or irrelevant questions: These are questions asked by the Crown or defence that have no connection with the matter at hand. Example: Defence counsel asks the investigating police
5 officer about his holidays, but the question has no bearing on the case. e) Because the defence has called witnesses to the stand, the Crown is the last to give closing arguments. Do you think it matters if the defence or Crown closes last? Discuss. Yes, it matters who closes last. The jurors may be more likely to recall and be influenced by the last comments they hear before adjourning to consider their decision. f) What would happen if, during deliberation, the jury could not reach a unanimous decision? This process would result in a hung jury. The present jury would be dismissed, and another 12 jurors would be selected to hear the same case again. g) If the verdict is appealed, what court will hear the appeal? Identify reasons for appealing the verdict in a murder trial. If the verdict in a murder trial is appealed, the Superior Court of the province (Appeal Division) would hear the appeal. Some reasons for appealing the verdict would be that the judge erred in permitting inadmissible evidence, the judge s charge to the jury was incorrect, or the Crown s chief witness committed perjury. 13. Investigate the career of a courtroom artist. Find out what skills, education, and training are required. Students may use GLM-13 Job Description Organizer. Courtroom artists usually develop their skills through a bachelor s degree program in fine arts or postsecondary training in art and design. Courtroom artists may have to render a number of different figures judge, Crown, defence, accused, and witnesses in a short period of time. Consequently, they must have the ability to work quickly and to convey the character and mannerisms of the subjects. Courtroom artists have to work under pressure as they are required to complete as many as 12 sketches per day. They often have to work in confined areas of the courtroom, especially during high-profile cases.
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