thecriminalcourtsystem-資料下載頁(yè)
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【導(dǎo)讀】TheParticipants. TheRoleoftheJury. triedbyjudgealone.penalty.tofivejudges.Superiorcourt.andappealdivision.springandfall.Grantsleave,permissiontoappeal,formatters
【正文】 ve the accused or they don’t know who to believe, they must acquit. If they are left with reasonable doubt regarding the defendant’s guilt they must also acquit. 12. Jury returns a verdict The verdict has to be unanimous. Once reached, the verdict is read in open court. Both the Crown and the defence have the right to ask that the jury be polled or stand individually and confirm their agreement with the verdict. A jury that can’t reach a verdict is called a hung jury. In this case the jury is discharged and a new jury is selected to try the case again. Figure Trial by Jury, p. 183 Rules Of Evidence ? During a trial, the Crown or the defence may object to questions asked or the answers provided by witnesses. ? When an objection is made the judge rules on whether the evidence in question is admissible or accepted by the court. ? Here are the most mon grounds for objection………………….. ? Leading question – A question that suggests to a witness a particular answer. Such a question is not allowed during direct examination. During cross examination it is allowed only if it pertained to previous testimony. ? Hearsay statements – Evidence given by a witness based on info received from someone else rather than personal knowledge. Inadmissible in court! ? Opinion statements – A witness cannot be asked their opinion on something unless they are an expert in the field. ? Immaterial/Irrelevant questions – A question that has no bearing on the case. ? NonResponse answers – When a witness doesn’t answer the question given, and has to be directed to do so by the judge. Types of Evidence ? Direct evidence – testimony by a witness to prove an alleged fact. (eyewitness) ? Circumstantial evidence – indirect evidence that leads to a reasonable inference of the defendant’s guilt. To be admissible the defendant’s guilt must be a conclusion drawn from the evidence. ? Character evidence – establishes the likelihood that the defendant is the type of person who either would or would not mit a certain offence. The Crown is not allowed to attack the defendant’s character but the defence is allowed to show the defendant’s good character. Once done however, the Crown can rebut this evidence by using the defendant’s past convictions. ? Electronic Surveillance – admissible provided wire tapping or bugging was authorized before hand by a judge. ? Voir Dire A trial within a trial where the jurors are excluded while the admissibility of evidence is discussed. Appeals ? The ability to appeal is an important safeguard in our system. ? Notice of an appeal must be filed quickly, usually within 30 days. ? An appeals court hearing the case can affirm the lower court’s decision, reverse it or order a new trial. ? Both the defence and the Crown can appeal a case it considers improper. They can appeal the decision or the sentence. ? The side that files the appeal is called the appellant, the responding side is called the respondent. ? The appeal is usually heard by a panel of 3 to 5 judges, who only have to reach a majority decision. A written opinion of both the majority and dissenting sides can be issued.
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