Verdicts

How It Works

A verdict is the final decision made in a criminal trial regarding the guilt or innocence of the accused. The verdict is a pivotal moment in the court process, as it determines the outcome of the trial and sets the stage for any subsequent sentencing or legal actions. Here’s a detailed explanation of verdicts in the Canadian criminal court process:

Overview of Verdicts

Definition:

A verdict is a formal decision made by a judge or jury at the conclusion of a trial. It determines whether the accused is found guilty or not guilty of the charges laid against them.

Purpose:

  • Determining Guilt or Innocence: The primary function of a verdict is to resolve the question of the accused's guilt or innocence based on the evidence presented during the trial.

  • Legal Conclusion: A verdict represents the legal conclusion of the trial, setting the stage for further legal procedures, such as sentencing or appeals.

Types of Verdicts

  • Guilty

    Definition: A verdict of guilty means the judge or jury has found that the prosecution has proven beyond a reasonable doubt that the accused committed the crime.

    Consequences: Upon a guilty verdict, the accused will be convicted of the offence, and the case will proceed to the sentencing phase.

  • Not Guilty

    Definition: A verdict of not guilty means the judge or jury has determined that the prosecution did not prove the accused's guilt beyond a reasonable doubt. The accused is acquitted of the charges.

    Consequences: If found not guilty, the accused is free to go, and the charges are dismissed. They are presumed innocent of the crime, and no further legal action can be taken on the same charges (due to double jeopardy protections).

  • Mistrial

    Definition: A mistrial occurs when the trial cannot be completed due to a fundamental error, legal issue, or the jury's inability to reach a unanimous verdict (in a jury trial).

    Consequences: In the case of a mistrial, the prosecution may decide to retry the case with a new jury, negotiate a plea deal, or drop the charges altogether.

Legal Framework for Verdicts

Criminal Code of Canada:

  • Sections 624-636: These sections outline the procedures related to verdicts, including jury instructions, polling the jury, and entering the verdict into the court record.

Charter Rights:

  • Right to a Fair Verdict: The accused has the right to a fair and impartial verdict under the Canadian Charter of Rights and Freedoms. This includes the right to have the case decided by an unbiased judge or jury based solely on the evidence presented in court.

  • Jury Deliberation (in Jury Trials):

    Private Deliberation: After closing arguments and receiving instructions from the judge, the jury retires to a private room to deliberate. They discuss the evidence, witness testimony, and legal instructions to reach a unanimous verdict.

    Unanimity Requirement: In Canadian criminal trials, the jury must reach a unanimous decision (all jurors must agree) for either a guilty or not guilty verdict. If the jury cannot reach a unanimous decision, a hung jury occurs, leading to a mistrial.

  • Judge's Deliberation (in Judge-Only Trials):

    Weighing the Evidence: In a judge-only trial, the judge carefully considers the evidence, legal arguments, and applicable laws before rendering a verdict. The judge provides a reasoned judgment, explaining how they reached the decision.

  • Delivery of the Verdict:

    In Court: The verdict is delivered in open court. In a jury trial, the jury foreperson announces the verdict. In a judge-only trial, the judge reads the decision aloud.

    Recording the Verdict: The verdict is officially recorded in the court's records. If the accused is found guilty, the case will move to the sentencing phase. If found not guilty, the accused is acquitted and released.

Post-Verdict Actions

1. Appeals:

  • Right to Appeal: Both the prosecution and defence may have the right to appeal the verdict or sentence if they believe there was a legal error, procedural issue, or miscarriage of justice.

  • Appeal Process: An appeal is filed with a higher court, which reviews the trial court's decision. The appellate court may uphold the verdict, overturn it, or order a new trial.

2. Acquittal:

  • Effect of Acquittal: If the accused is acquitted (found not guilty), they are legally free from the charges. The prosecution cannot retry the accused on the same charges (double jeopardy).

Role of the Defence Lawyer in Verdicts

  • Arguing for Acquittal

    Challenging the Prosecution's Case: Throughout the trial, the defence lawyer works to challenge the prosecution's evidence and arguments, aiming to create reasonable doubt and secure an acquittal.

  • Preparing for Post-Verdict Actions:

    Appeal Preparation: If the verdict is unfavourable, the defence lawyer may begin preparing for an appeal, identifying potential legal errors or grounds for challenging the decision.