LAWS 3305 Lecture 3: Lawyer-Free Criminal Trial
21 Jan 2017
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Step 1- arraignment: the clerk of the court reads the charge on the indictment. The accused chooses to plead guilty vs. not guilty. Step 5- closing: the order of the closing depends on if the defence called any evidence. Step 2- opening: prosecutor opens their case (they have the right to open as they hold the burden of proof) defense does not have a right to open unless they are calling evidence. Modern criminal trial is virtually the crowns show. Step 3- examination-in-brief: the party calling the witness conducts a examination in chief, no leading questions allowed. Step 6- jury charge: the judge instructs the jury on the routes to a verdicts as well as explaining complicated legal facts. Step 7- deliberation: confidential, jurors are not permitted to tell or be asked what happened in the deliberation rooms. Step 4- cross-examination: the examination of the other parties witness". Disclosure is a feature of modern trial.
