Criminal Law Chapter Study Notes

Jury • A group of citizens sworn to hear testimony and evidence at a trial and decide if the defendant is guilty or not of committing the crime(s) Trial by Jury

• The fate of the accused is determined by peers How is a jury selected? • Through a process called empanelling: A list of jurors is created from a list of people living in the area where the court is located 1. 75-100 names from the list are randomly picked 2. These people are summoned to appear in court by notice from the sheriff (failure to appear could result in being criminally charged) 3. Start of trial-perspective jurors assemble in courtroom 4. Each prerspective juror steps forward once name is read

5. Defense and crown prosecutor can accept or reject the jurors • 12 jurors (except NWT and YT=6) • People serving on jury are usually between 18 and 69, and speak English/French. • Judge may exempt anyone with a personal interest/relationship in the case • The jurors must decide to acquit or convict the accused beyond a reasonable doubt (that is accused is guilty according to common sense as applied to the criterion/law)

• Deliberations means: To discuss the aspects of a trial by carefully considering and reflection on the trial by carefully considering and reflection on the facts given; this can be done by a judge or jury. • A jury Foreperson is the man or women who’s peaks on behalf of the jury and tries to maintain order during deliberations; usually elected by the jury members. • A jury’s decisions must be unanimous. All members of the jury must become one mind in their decision. • A jury may become sequestered in the event that the court/judge feels that they are being unduly influenced by environmental factors outside of the courtroom. A Jury’s Verdict

1. Hung Jury: Jury cannot agree, a new trial must take place. 2. A unanimous decision in which the accused is found guilty or Not. Benefits of a jury -people bring different and fresh perspectives to a case -confirm legitimacy to the law -decisions can be based on social values rather than legal precedent -for the defence, it only has to convince one juror to have reasonable doubt -may feel empathy for the accused if the charge is one they can identify with Disadvantages of a jury -could be prejudiced based on appearance -incompetent -may have their judgement clouded by the offence -not trained to make a decision based on facts and the law -does not present reasons for a decision -sympathetic to the accused -unanimity takes too long to achieve -facts could be too complex for the jury -laws could be too complex for the jury to comprehend

First Degree murder: killing of someone, its planned and on purpose. Second degree murder: killing of another person, but its not on purpose and not premeditated. The person intends to kill someone in the heat of the moment. Manslaughter: Homicide, or the killing of another person by committing an unlawful act and with only general intent. ACTIONS THAT MUST EXIST FOR AN ACT TO BE A CRIME

1. The act is considered wrong by society 2. The act causes harm to society in general 3. The harm must be serious 4. The remedy must be handled by the criminal justice system

TYPES OF CRIMINAL OFFENCES 1. Summary conviction offences 2. Indictable offences 3. Hybrid offences Infanticide: the killing of an infant shortly after birth Motive: the reasons why a person commits a crime Intent: what a person means to do Specific intent: a person commits a wrongful act for the sake of accomplishing another Non-capable homicide: killing of another person but it is not criminal THE CRIMINAL COURT SYSTEM Supreme court of Canada --- Provincial Court of Appeal --- Superior Provincial Court --- County of district court --- provincial court --- justice of the peace

The counsellor: an individual who advises another to commit a crime The conspirator: one of two or more persons who work together to plan a crime The perpetrator: the person who actually commits the crime

An accessory: any person who renders aid or encourages the perp. This person isn’t directly linked to the crime as a principle actor but continues to play a part in the crime An accessory after the fact: if a person knew that someone was involved in an offence and they provide comfort, aid or a means of escaping Aiding: if a person is rendering aid, they are linked to a crime by assisting the perp Abetting: if a person encourages the perp without physically assisting Procuring: An individual who obtains plans, details, items or persons to commit or assist in the commission of a crime Solicitation: to ask another to commit or to aid in a crime or to offer services of an illegal nature. POLICE PROCEDURE

1. Identify as a police officer 2. Advise the accused that they are under arrest 3. Must be informed of their charges 4. Must touch the accused to indicate that they are under arrest 5. Must be informed of their rights Detention: this is different than being under arrest and is less serious. It may involve stopping someone to stop and answer questions. When being detained by the police you are obligated to do so as they say as your liberty has officially been deprived; but without physically restraint, thus without being placed under arrest.

General intent: it must be shown that the accused MEANT to commit the crime Specific intent: involves intent in addition to general intent to commit the crime. Ex. Breaking into someone’s house with the intent to commit an offence. The break and enter aspect requires general intent, but the intent to commit the crime is specific intent. Role of a judge

* Appointed by federal government * Provincial/territorial court judges are appointed by each province/territory * Supreme court judges are titles Justices and chosen from among the highest courts of the providences from among lawyers who have had 10 years plus experience * Have full court room control

* Can exclude public and accused to maintain justice * In non-jury trials, judges decide questions of guilt and set the punishment

EVIDENCE

Direct evidence: seeing the offence being committed Circumstantial evidence: you saw things and from your perspective it seems you saw who committed it but that may not be correct. Similar fact evidence : evidence showing that the accused has committed similar crimes in the past Hersay evidence: broken telephone, evidence that someone other than the witness has said or written. Opinion evidence: when an expert thinks about the facts in a case Photograph, videotape, tape recorder: photos are allowed only to give accurate representation of a scene of a crime CROWN VS DEFENSE

The role of the crown is to exercise strict adherence to the rules and procedures governing the administration of justice. The role of the defense is to prepare a proper legal defence for the accused/ In addition to compiling statements from his or her client and from info disclosed by the crown. The crown attorney is the lawyer who on behalf of the queen files charges against and prosecutors someone who had allegedly committed a crime. The defendant in a civil party is the one being sued or in a criminal party the accused