The Trial Process What is the adversarial system

Source: Simon Fraser University (Burnaby, BC)

BC Court System Source: BC Provincial Court

Trial vs. Non Trial Key Players • Judge • Crown Prosecutor • Defence Counsel

Appeals Appellant- the party requesting the appeal Respondent- the party responding to the appeal

Appeals Actions the Court of Appeal may take: • Reviews transcripts, charges to jury,

Trial vs. Non Trial How is justice best served (achieved): trial or non trial

Challenges and Criticisms For Next Class: § Find two criticisms leveled against the BC

Slides: 11

Download presentation

• The Trial Process What is the adversarial system and how does it work? Does it serve the interests of justice? • What are the major components of a trial? • What appeal options are available?

The Adversarial System

Source: Simon Fraser University (Burnaby, BC)

BC Court System

BC Court System Source: BC Provincial Court

Trial vs. Non Trial Key Players • Judge • Crown Prosecutor • Defence Counsel • Court Clerk and Reporter • Sheriff • Auxiliary Officials (victim support, probation officers, defendant assistants) Pre Trial • Evidence • Publication • Jurisdiction • Jury Selection Trial • Arraignment • Crown Case • Defense Case • Instructions to Jury • Verdict/Decision • Appeal

Appeals Appellant- the party requesting the appeal Respondent- the party responding to the appeal Summary Offenses Trials • Transcripts reviewed • Statements of facts reviewed Indictable Offenses Trials • New evidence may be presented • New arguments may be presented • Defense may appeal a conviction on the following grounds: • Question of law and fact, or fact • Other reasons appeal court may find worthy. (Why? ) • Crown may appeal a “not guilty” verdict on the following grounds: • Question of law • Length of sentence • Administration- invalid indictments, stay of proceedings

Appeals Actions the Court of Appeal may take: • Reviews transcripts, charges to jury, reasons for decision, report from trial judge. • Decide which party will pay the costs of the appeal. • Change the verdict of the original court. • Change the sentence implemented by the original court. • Order a new trial.

Appeals

Trial vs. Non Trial How is justice best served (achieved): trial or non trial -based resolution? Consider: • • • Costs (financial, human resources, physical resources) Time Adversarial vs. non-adversarial Acknowledgement of guilt Healing Rehabilitation

Challenges and Criticisms For Next Class: § Find two criticisms leveled against the BC or Canadian justice system. § Optional: Read the Heintzman article posted to wordpress.