THE CRIMINAL COURT SYSTEM
The Participants
BURDEN OF PROOF
2 Fundamental Principles:• Accused is innocent until proven
guilty.
• Guilt must be proved beyond reason doubt.
THE JUDGE
Controls admission of evidence
Controls the trial
Instructs jury
Sentences the convicted person
“Trier of law”
JUSTICE OF THE PEACE
Has less authority than a judge.
Can issue arrest warrants, search warrants, bail hearings.
THE ACCUSED
The person charged with committing a criminal offence.
Often called the defendant
COUNSEL
Duty Counsel – lawyer on duty in police station or courtroom who gives free advice to the person just arrested.
Defence Counsel – the lawyer who represents the accused on trial. Public defender will help those who cannot afford a lawyer.
THE PROSECUTION
Crown Attorney (Prosecutor) – the lawyer who represents the government
WHO ELSE MIGHT BE AT THE TRIAL?
Court Clerk – Assists the judge
Court Reporter – types everything said in the court
Transcript – typed record of every said in the court
Court Security officer – maintains security in the court
Sheriff – manages the jury
Bailiff – assist the sheriff
THE WITNESSES
Witnesses give evidence under oath.
Subpoenas are court documents requiring the witness to appear in court on a certain date. (in Pineapple Express, Seth Rogen delivered subpoenas as a job)
Perjury – knowingly making false statements in court while under oath.
• Perjury is serious – so serious it could put you in jail for 14 years.
THE JURY
A jury is a group of 12 men or women chosen by the crown and the defense counsel. They will decide, beyond a reasonable doubt, whether or not the accused is guilty. Their decision must be unanimous.