The Criminal Court System

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.