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Criminal Trial (Canada)

Definition

A trail that is held to determine the legal guilt, or innocence of someone who is accused of breaking a law in the Criminal Code of Canada.

Members of a Criminal Trial

During a criminal trial, there are many people in the courtroom who are involved in the procedure. The defendant, or commonly known as "the accused", is the man or woman who is being charged for a crime in the trial. The defendant, has a legal representative(s) known as a defense attorney. The defense attorney is a lawyer who speaks on behalf of the defendant. The defense attorney's objective is to put reasonable doubt in the jury's minds, to try and prove the defendant's innocence. The defense attorney will argue the facts and evidence presented by the crown to help prove the defendants innocence to the jury. The Crown (or Government), is represented by a lawyer(s) known as the crown attorney. The crown attorney's objective is to prove the guilt, and prosecute the defendant for the crime he or she has been charged with. To do this, the crown must prove beyond a reasonable doubt that the defendant did commit the crime. The crown attorney will present facts to the court, as well as possible physical evidence to help them convince the jury that the defendant is guilty.

The jury, is a collection of twelve men and women who over hear the facts presented in the trial and determine the innocence, or guilt of the defendant. For a jury to do this, all twelve members of the jury must agree on the same verdict to find the defendant "guilty" or "not guilty". The jury has a foreman who speaks on behalf of the other members of the jury, and will read to the court the decision that the jury has reached. If all the jury members cannot come to an agreement, this is known as a "hung jury". When a hung jury is declared, a new trial will be scheduled and could possibly be heard in front of a completely new jury.

The judge over hears the case, assessing facts and making sure a fair trial unfolds during the criminal procedure.The judge stays neutral when hearing the case and does not have a bias to either the crown or defense. The judge at the end of the trail will explain to the jury how the law applies to the facts presented in the case,this is known as "charging the jury" the judges charge must be clear, decisive, and cannot be biased. The charge the judge delivers is to help the jury determine the guilt or innocence of the defendant. If the jury finds the defendant guilty, the judge will give a fair sentence for the severity of the crime. If the defendant is found not guilty and determined innocent, the judge will clear all the charges and allow them to leave.

Legal Rights in a Criminal Trial

During a criminal trial, the defendant has many rights that ensure them a fair trial. To start, the indictment read to the accused is what the crown is accusing the defendant of committing. This is not to be taken as proof, or evidence of that the defendant did in-fact commit the crime. One of the most important rights that the defendant has is enlisted in Section 11 of the Charter of Rights and Freedoms. This is the right to be presumed innocent until proven guilty ensuring no bias will take part in the courtroom. The burden of proof is placed on the crown, which means the defendant does not need to prove their innocence, the crown must prove their guilt. Another important right is enlisted in Section 13 of the Charter, this right gives the defendant the choice to take to the stand, or not too. Being a witness at your own trial could heavily influence your case, typically the lawyer of the defendant would advise the defendant whether to take the stand or not.

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