OAKNet: Abuse of Older Adults - WHO IS IN THE COURTROOM?

Index

Who is in the Courtroom?

Courtroom Layout

Clerk of the Court

Crown Prosecutor

Defence Counsel

Courtroom Layout

Clerk of the Court

is the judge's assistant

says "all rise" when the judge enters the courtroom

will ask the witness to take an oath or to make an affirmation promising to tell the truth

calls witnesses by name to take the stand and asks them to give their full name for the court reporter to record it properly

Court Reporter

sits in front of courtroom near the judge

records everything that people say while the trial is going on

Crown Prosecutor

acts as the defender of society, not as the witness's lawyer. The accused is seen as someone who may have committed a crime against the values of society. Thus, the Crown Prosecutor defends society's values. (You will also hear the Crown Prosecutor called the Crown or the Prosecutor. These terms mean the same thing.)

does NOT represent the victim

decides whether the case will proceed

will not drop a case at the victim's request

will get at the truth. If there is not enough evidence, the Prosecutor will likely recommend that the trial not proceed.

is very busy and will probably not contact you unless you are a key witness and he or she needs to talk to you

refers to the other lawyer as "my friend" as a sign of respect

must be informed of any new evidence or information that you may have

Defence Counsel

works for the person accused of breaking the law

may try to find out if a witness is confused or making things up

asks the witness questions when the Crown Prosecutor has finished (referred to as cross-examination)

may ask you the same questions in different ways

tests the credibility of each witness's evidence

listens to everyone's story and fits the pieces together like a puzzle until he or she understands the whole picture

decides whether the accused is innocent or guilty when there is no jury

is called "Your Honour," "Your Lordship," "My Lord," or "My Lady"

asks you to stand down when you have finished testifying and being cross-examined

decides on the appropriate sentence when the accused is found guilty

is composed of 12 adult Canadian citizens, men and women, selected for jury duty

acts as "finders of fact"

makes a decision independently. Jury verdicts must be unanimous for the court to act.

Security Guard

maintains a safe environment in the courtroom

wears a uniform that looks similar to a police officer's uniform

A witness is called to give evidence in court in order to discover the truth. It is important that you answer honestly.

You have been called as a witness because you have valuable information about the case. Your contribution is important so that the courts can make a fair decision.

A witness is subpoenaed by the court. A subpoena is a court order that requires or compels a witness to attend.

Witnesses are not expected to be experts in court process. They are expected to tell what they saw or know.

Return to Going to Court .

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Updated: October 1, 2003
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