Which system of trial procedure is used in Canada?
Name the 6 parties involved in the trial process
Judges and/or justices, crown prosecutors, defence lawyers, court clerks, court recorders, sheriff
Who appoints provincial judges?
each province by a committee
Who appoints other judges outside provincial judges?
What are the advantages and disadvantages to the accused of a trial by jury?
A: Only 1 juror has to be swayed
D: a jury might bring prejudices or be easily persuaded by the rhetoric of crown prosecutor
Name 6 categories of people who are ineligible for jury duty
Non Canadian citizens
those who have served as a jury within the preceeding 2 or 3 years
members of legislature, house of commons, senators, or municipal government
What does it mean to "give weight" to evidence?
require the judge or jury to make a decision as to which evidence is most believable
Name the 2 parties who determine credability.
Can a polygraph be used in court?
Describe a situation in which an alibi may successfully be used as a defence.
If a person can prove that he or she was in another location at the time of the offence was committed
How much force may one use to defend oneself or one's property?
Only necessary and reasonable force to defend oneself or property.
Name 3 categores described as excusable conduct?
provocation, necessity and duress, honest mistake
Who decides on the future of a person deemed not criminally responsible?
Review board or a judge
Why would an accused invoke the defence of drunkeness if charged with an offence requiring specific intent?
In order to prove specific intent the crown would have to show that the accused had been able to form the intent to committing the crime and the accused of having been drunk would make it more difficult to do so.
Name 4 examples of automatism.
Sleep walking, convulsion, psychological stress, behaviour associated to a head blow causing a concussion
Against what 2 offences can the defence of consent not be used.
murder, person under 16 years of age
What happens in a trial in which there is a hung jury?
jury is dismissed, accused may then be tried by new jury