Criminal Trial and Criminal Justice System.pptx

1. CRIMINAL TRIAL AND CRIMINAL
JUSTICE SYSTEM

2. ACTORS OF CRIMINAL JUSTICE SYSTEM
 Police
 Prosecution
 Judiciary
 All criminal trials are conducted by the above actors
of CJS

3. WITNESSES-TRIAL

4. Types of Witnesses
 Prosecution witness
 Defense witness
 Court witness
 Hostile witness

5. ROLE OF PROSECUTION WITNESS
 Supports the Prosecution Case
 Depose in support of the Recoveries
 Examination in Chief
 Cross Examination
 Re examination

6. EXAMINATION IN CHIEF
 This is examination of A witness by/on behalf of the
party who called him.
 Thus, a prosecution witness is examined in chief by
counsel for the prosecution and a defense witness is
examined in chief by counsel for the accused who
called the witness.

7. IN WHICH CASES A WITNESS CAN REFRESH
HIS/HER MEMORY
 IO can refresh his memory?
 Recovery memo witness can refresh his memory?
 Eye witness can refresh his memory?
 Consulting prosecutors before deposing…Is it fair
trial?

8. WHO IS DEFENSE WITNESS?
 Witness produced by accused
 Often in Ali bi cases such witnesses are introduced
 Rare cases accused go for his own witness
 Object is to create dents in the prosecution story

9. COURT WITNESS
 Witness not a witness to a party Summoned by
 Object of Summoning Court witness….
 To ascertain/ verify certain facts or for any inquiry

10. HOSTILE WITNESS

11. HOSTILE WITNESS!!!!!
SHATTERS ENTIRE PROSECUTION CASE?
 Its damaging!!!!
 Its an embarrassment for the prosecutor..
However,
 It do not shatters the entire case.
 What is to be done….
 Needs to shatters his veracity
 To be take as routine witness

12. HOW TO TACKLE WITH HOSTILE
WITNESS
 Confront him with earlier statement
 If his statement under section 164 crpc is recorded,
confront him with the same
 Confront his with any video
 Confront him with any recovery
 Ask hammering questions
 Ask him extreme closed ended questions

13. Leading witnesses-Leading Questions
DIFFERENCE?

14. TYPES OF QUESTIONS
 What is lead a question to a Prosecution witness?
 What are leading questions?
 When lead questions are not allowed in examination
in Chief?
 When leading questions are not allowed in
examination in Chief?

15. ORDER OF EVENTS IN TRIAL
1. Prosecution/Plaintiff Opening Statement
2. Defense/Defendant Opening Statement
3. Examination of Prosecution/Plaintiff Witness No.1
 Cross Examination by Defense/Defendant
 Possible Re-direct by Prosecution/Plaintiff
 Possible Re-cross by Defense/Defendant
4. Examination of Prosecution/Plaintiff Witness No.2
 Cross Examination by Defense/Defendant
 Possible Re-direct by Prosecution/Plaintiff
 Possible Re-cross by Defense/Defendant

16. ORDER OF EVENTS IN TRIAL
5. Examination of Prosecution/Plaintiff Witness No.3
 Cross Examination by Defense/Defendant
 Possible Re-direct by Prosecution/Plaintiff
 Possible Re-cross by Defense/Defendant

17. True/False
 Saleem is to be called as witness for the prosecution
at a murder trial. Before going into the witness box,
Saleem reads through his police statement.
 True/False?
 A witness should never be permitted to read through
his statement before he goes into the witness box.

18. True/False
 You can ask leading questions in examination in
chief
 You can lead witness in Cross examination
 Accused can produce his witness in examination in
chief stage
 Hostile witness can be from accused side
 Hostile witness shatters the entire case
 Hostile statement to be take in toto
 Witness can become or declared hostile on in Cross
examination

19. PROSECUTION’S REBUTTAL
 Upon completion of the presentation of all the
evidence on behalf of the defendant, the prosecution
has the right to call additional witnesses or to
present new evidence only to overcome new matters
brought out during the defendant’s case.

20. CASE MANAGEMENT SKILLS
CASE MANAGEMENT DURING TRIAL
 After Charge;
 Discuss case with IO
 Discuss case with witnesses
 Discuss case with fellow prosecutor
 Hold meeting with the IO and witnesses
 Attack in three layers…
i. Direct Evidence
ii. Circumstantial evidence
iii. Forensic evidence

21. CASE MANAGEMENT SKILLS
PRE TRIAL MANAGEMENT
 How to Manage a Criminal case?
 Stages Pre- Trial
 Opinion giving (Before-After registration of FIR)
 Consultation and coordination
 Scrutiny

22. IQ TEST
 Job of the prosecutor commences from……..
 Hostile witness is a witness who…..……
 Coordination with the police starts from…..
 IO to meet with Prosecutor soon after …..
 Three layers of evidences are…..
 Statement of a hostile witness to be taken in ……
 Coordination with IO is for…..
 Case management is for….
 …......can go through the file before recording his
statement

23. PRACTICE DIRECT
EXAMINATION AND CROSS EXAMINATION
 Saleem is a shopkeeper, running business of mobile phones.
 Khalid, one of his regular customer visited his shop to
purchase mobile along with his friend Naveed.
 They did not buy any mobile and left the shop.
 At close of business Saleem found that 3 mobile sets are
missing, the CCTV footage shows that Naveed tactfully picked
up those while leaving the shop.
 Saleem believes that Khalid and Naveed both are accused and
have come up with the intention to commit theft.
 Who can be a witness in this case?
 What is the status of Khalid?
 What examination in chief and cross examination is required?
 You have to build up the case against Khalid and Naveed.

24. Mock Exercise