"court process"
Mary talked to shelter workers about the court process and what would be
expected of her. Here is the layout of a courtroom. If you place the cursor
over each person on the diagram and click the mouse, you will be shown a
description of that person's role in the trial.
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 Lawyer
- 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 the witnesses' evidence.
Judge
- Listens to everyone's story and fits the pieces together
like a puzzle until he/she understands the whole picture.
- Decides whether the accused is innocent or guilty, in the case 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.
Jury
- 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.
Witness
- 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 called to give evidence in court in order to
discover the truth. It is important that you answer
honestly.
- 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.
December 1998

©1998-1999 Legal Resource Centre of Alberta.