Blasutti Law Unit 6 Criminal Procedure
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50 terms
Terms | Definitions |
|---|---|
 Case Citation | A title of a legal case describing the case |
| Appearance Notice | Given to an accused by a police officer describing the crime and the date and location of a court appearance |
| Summons | Given to an accused describing the crime and date and location of a court appearance, issued by a justice of the peace |
| Subpoena | Given to a witness to appear in court |
| Arrest | When a police officer takes an accused into custody |
| Arrest Warrant | A document ordering the arrest of a person on criminal charges |
| Undertaking | A document which releases an accused before trial on a promise to appear in court |
| Recognizance | A document which releases an accused before trial on a promise to appear or pay a fine |
| Surety | A person who agrees to be responsible for an accused while released before trial |
| Bail | Money paid as a deposit in order to release an accused before trial |
| Remand | When the accused is kept in custody until trial |
| Ontario Court of Justice | Lowest trial court in Ontario |
| Superior Court | Highest trial court in Ontario |
| Ontario Court of Appeals | Highest Court which hears appeals in Ontario |
| Federal Court | Court which hears cases involving the federal government |
| Supreme Court of Canada | Highest court in Canada. Hears appeals only |
| Small Claims Court | Court which hears civil cases in Ontario when suing for less than $10 000 |
| Arraignment | First Appearance in court |
| Duty Counsel | Lawyer on duty to assist an accused who does not have legal counsel |
| Legal Aid | Available for an accused who cannot afford a lawyer |
| Preliminary Hearing | Held when an accused's trial is to be held in Superior Court in order to determine if there is enough evidence for a trial |
| Direct Indictment | When the Attorney General orders an accused to trial without or notwithstanding a preliminary hearing |
| Plea Bargain | An agreement made between the Crown and the defence |
| Statute of Limitations | Amount of time in which an accused can be charged with a crime |
| Challenge For Cause | When a potential juror is dismissed for a valid reason |
| Peremptory Challenge | When a potential juror is dismissed for no reason |
| Stand Aside | When a potential juror is asked to wait and may be called upon later |
| Charge to the Jury | When the Judge instructs the jury as to their role during a trial |
| Indictment | The charge read to the accused at the beginning of the trial |
| Examination-in-Chief | Questioning of a witness by the lawyer that called the witness |
| Cross Examination | Questioning of a witness by the lawyer that did not call the witness |
| Perjury | Knowingly giving false information in court |
| Material Witness | A witness whose testimony will have a major bearing on the case |
| Hostile Witness | A witness who testifies under duress |
| Voir Dire | A trial within the trial to determine admissibility of evidence |
| Stay of Proceedings | When the trial is put on hold |
| Directed Verdict | When the Judge directs the jury to find not guilty as the Crown has not met the burden of proof |
| Direct Evidence | Evidence given as proof of fact |
| Circumstantial Evidence | Evidence given from which a fact can be inferred |
| Hearsay | Evidence given that is not personally witnessed |
| Dying Declaration | Evidence given by a person who honestly believes he/she is about to die, and has implicated him/herself in the crime |
| Inculpatory Confession | Confession which admits guilt |
| Exculpatory Confession | Confession which denies guilt |
| Corroborating Evidence | Material or physical evidence |
| Illegally Obtained Evidence | Evidence which has been obtained illegally |
| Incriminating Evidence | Evidence which implicates a witness in a crime |
| Leading Question | Question which tends to give the answer required |
| Similar Fact Evidence | Evidence of past criminal behaviour which shows a pattern of behaviour |
| Polygraph | Machine used to detect if a supect is lying |
| Appeal | Process by which either the Crown or defence can go to a higher court to determine if an error has been made in the trial. |
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