At what stage in a criminal trial can the defence request a directed verdict?

Prepare for the New Brunswick Bar Exam. Study with flashcards and multiple choice questions, each question has hints and explanations. Get ready for your exam!

In a criminal trial, the defense can request a directed verdict after the Crown has presented its case. A directed verdict occurs when the defense argues that the evidence presented by the prosecution is insufficient to support a conviction and requests the judge to rule in favor of the accused without allowing the case to go to the jury. At this stage, the defense assesses the strength of the prosecution’s case and argues that, even if the facts are viewed in the most favorable way to the Crown, there is no reasonable basis for a conviction based on the presented evidence.

Options that suggest the request for a directed verdict can be made after jury deliberation or after the closing address would occur too late in the trial process. By that point, the jury has already been empaneled, and a directed verdict would typically be moot as the case has already been taken to the jury. Similarly, requesting such a verdict before jury selection would be premature, as the prosecution has not yet presented its case for evaluation. Thus, the point at which the defense can appropriately make this request is directly after the Crown’s case has concluded.

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