What Happens When a Criminal Case Is Judged to Be Beyond a Reasonable Doubt

Finding a person guilty of a crime can't exist taken lightly. Because of this, the law guarantees the defendant certain central rights that must exist respected until the gauge or jury makes a decision.

Presumption of Innocence

In Canada, a person accused of a crime is presumed innocent until found guilty by a approximate or jury. This is called the « presumption of innocence ».

The presumption of innocence is one of the most important rights in our criminal justice system.

This right means many things:

• The accused does not have to prove his innocence. The prosecutor, who is the lawyer for the government, must prove and convince the judge or jury that the accused committed the crime. Prosecutors are officially called "criminal and penal prosecuting attorneys." They used to be called "Crown prosecutors"
• The prosecutor must prove that the accused is guilty "beyond a reasonable doubt." At the end of the trial, if the prosecutor has not presented enough evidence, or if the approximate or jury withal has a reasonable doubtfulness about whether the accused committed the law-breaking, he must be plant not guilty. In other words, he will be "acquitted."
• The judge and jury must exist off-white. They tin can't be prejudiced against the defendant during the proceedings. For case, a judge tin't be involved in a instance if the victim is a fellow member of her family.

Correct to Be Informed of Evidence

The defendant has the right to defend himself against an accusation that he committed a crime. To fix a proper defence, he has a right to know all the evidence the prosecutor has against him.

The prosecutor must inform the defendant of all testify confronting the accused before the trial begins, including the names of the witnesses who will testify. ("Testifying" means answering questions about a case).

When the trial begins, the prosecutor starts by presenting the evidence and questions the witnesses testifying confronting the accused. Then the accused or his lawyer can question the witnesses.

Next, the accused presents a defence, either with or without the help of a lawyer. He can testify, present evidence and question his own witnesses. However, the accused tin chose to remain silent and not bear witness in his own defense force.

Correct to Remain Silent

The defendant has the right to remain silent in all the steps of the criminal procedure, from an arrest by police until the end of the case.

The accused is therefore not required to testify to defend himself. He can only remain silent.

The prosecutor can't forcefulness an accused to testify. The correct to remain silent exists in part because the accused is presumed innocent until proven guilty, and can't be forced to hurt his case by testifying confronting himself.

As a general rule, if the accused decides to remain silent, the judge and jury must not interpret this equally proof of his guilt. In Canada, a person is presumed to be innocent until found guilty. The prosecutor must prove guilt "beyond a reasonable doubt".

Although he has the right to remain silent, the accused can choose to show in his own defence force. If he does this, he will be questioned past his own lawyer and and then by the prosecutor. Nonetheless, sometimes there are certain questions the prosecutor cannot ask the defendant.

Right to Be Represented past a Lawyer

A person has the right to talk to a lawyer when he is arrested.

The right to a lawyer applies from the first to the finish of a criminal case. The defendant tin therefore be represented in court to get help to defend himself.

The accused must usually pay for his lawyer. All the same, an defendant with a low income might authorize for government legal assist. In other more rare cases, the judge can give the defendant a lawyer free of charge. This tin can happen, for example, if the accused does non authorize for legal aid but the judge believes the help of a lawyer is needed for the procedure to be fair.

The accused as well has the right to act on his own without a lawyer. If the accused does this, the judge can offering some help to make certain the trial is fair, for example, past briefly explaining the different steps in the case. If necessary, the judge can have a lawyer assistance the accused to ensure the trial runs smoothly.

Right to Empathise the Trial

Choice of Language: English or French

A criminal trial takes place in English language, French, and sometimes in both languages. An accused can ask for the trial to have identify in the official language of his choice.

When the accused goes before a gauge for the showtime time, the approximate must inform him of the correct to choose the linguistic communication of the trial and tell him how long he has to make this decision. Usually, he must make up one's mind earlier they fix a date for the trial.

For instance, if the accused chooses English as the linguistic communication of the trial:

• the prosecutor, judge and jury must sympathize English and speak it during the trial
• the accused and his lawyer can speak to the judge and jury in English
• some French documents must exist translated into English language
• the judge'south decision (the judgment) must be made available in English language

Yet, the judge can't force a witness to speak in the language the accused chooses. In this case, an interpreter will exist fabricated available.

When the accused does non indicate his choice of linguistic communication, the judge tin order the trial to take place in the language the accused seems to understand best. This way, the gauge makes sure the accused has a fair trial.

Right to an Interpreter

The Canadian Charter of Rights and Freedoms and the Criminal Lawmaking say that the regime must provide and pay for an interpreter during a trial if

• the accused does not speak English or French, or
• a witness does non speak the language of the accused

For the Accused

When the first language of the defendant is not English language or French, she can ask for the trial to take identify in either of these two languages with which she is more than comfortable.

If the accused has trouble agreement and speaking English or French, or is deaf, an interpreter volition exist provided at no cost. This ways she can testify in her ain linguistic communication and sympathise what is going on.

For a Witness

A witness can testify in English language or French, no matter which language the accused chooses.

If a witness testifies in a language that is not the language of the defendant, the accused or his lawyer can enquire for an interpreter so that the accused can sympathize the testimony.

Special Measures to Brand Testifying Easier

Other measures are bachelor to make testifying easier for people under the age of 18 and people with physical or mental disabilities (as well called "intellectual disabilities").

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Source: https://educaloi.qc.ca/en/capsules/rights-of-a-person-accused-of-a-crime/

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