Trial By Judge Alone Versus Judge and Jury

Summary

This video discusses critical decisions when charged with an indictable offense under Canadian criminal law, such as electing between a judge alone or a judge and jury, and whether to pursue a preliminary hearing. It emphasizes the importance of understanding local court dynamics, including the tendencies of judges and juries, which can significantly impact trial outcomes. Viewers are encouraged to consult experienced lawyers to navigate these complex choices effectively, ensuring they make informed decisions that could influence their case's success.

Takeaways

• 😀 Indictable offenses are serious criminal charges in Canadian law, such as sexual assault and aggravated assault.
• 😀 Defendants have the right to elect their trial format: judge alone or judge and jury, depending on the nature of the offense.
• 😀 The Crown typically chooses to proceed by indictment for serious crimes, which allows for longer potential penalties.
• 😀 For minor offenses classified as summary conviction offenses, the Crown usually opts for summary procedures with no election rights for the defendant.
• 😀 Preliminary hearings can be beneficial for defendants, allowing them to assess the strength of the Crown's case before trial.
• 😀 The choice between different courts (Ontario Court of Justice vs. Superior Court) can significantly impact the trial outcome.
• 😀 Local judicial attitudes vary; understanding the biases of judges in a specific county is essential for strategic legal planning.
• 😀 A knowledgeable lawyer will evaluate local bench dynamics and advise on the best election option based on the specific case.
• 😀 Defendants must make informed decisions about their election rights within specific timeframes, especially after preliminary hearings.
• 😀 Communication between the lawyer and the client is crucial for navigating the complexities of trial decisions and local court practices.

Q & A

What is an indictable offense under Canadian criminal law?

An indictable offense is a serious criminal charge, such as sexual assault or aggravated assault, that typically results in more severe penalties compared to summary offenses.

What options do defendants have for their trial format when charged with an indictable offense?

Defendants can elect to be tried by a judge alone or by a judge and jury.

What is the significance of a preliminary hearing?

A preliminary hearing serves as an evidentiary hearing that helps assess the strength of the Crown's case, which can influence the decision to proceed to trial.

How does the Crown decide whether to proceed by indictment or summary conviction?

The Crown typically elects to proceed by indictment for serious offenses, but for dual procedure offenses, they may choose to proceed summarily based on the circumstances of the case.

Why is it important for a lawyer to know the local judicial environment?

Understanding the tendencies and biases of local judges and juries is crucial for developing an effective defense strategy and making informed decisions about trial formats.

What factors might influence a defendant's choice between judge alone and judge and jury?

Factors include the perceived fairness of the local judges, the likelihood of winning the case, and the outcomes from the preliminary hearing.

What is the process for re-electing trial formats after a preliminary hearing?

After a preliminary hearing, defendants have 15 days to re-elect their trial format based on how well the hearing went and the assessment of the local court environment.

What role does communication with the Crown play in the trial process?

Communication with the Crown can lead to extensions on re-election timeframes, allowing for better strategic decision-making regarding trial formats.

How can a lawyer assess the strengths and weaknesses of a case before trial?

A lawyer can assess the case by examining the preliminary hearing results, understanding the local court dynamics, and considering the historical tendencies of juries and judges in the area.

What are the implications of the Crown's decision to proceed by indictment?

If the Crown proceeds by indictment, the penalties are generally more severe, but the accused also gains greater election rights, allowing for more strategic choices in their defense.