Rob Ford
Does this sentence make sense in a court of law?
https://vine.co/v/hjLPOIrZ3xa
JURY SELECTION
Empanelling
Is the process of selecting the 12 jurors
This can take many days
Kevin Coe Case
The Process
First, a list of jurors (usually computer generated) for the session of court is selected from the list of all people living in the county.
The Juries Act sets out the process to select juries. Names of potential jurors are taken from the most recent enumeration (voters) lists that the Ministry obtains from the Municipal Property Assessment Corporation.
From this list a selection committee randomly picks 75 to 100 names (more for a controversial case). These people are summoned to appear at the court by notice from the sheriff.
Anyone who does not appear can have a warrant issued against them and can be criminally charged.
Who to blame for juror no shows- article Unfair burden or civil obligation? - article
The prospective jurors assemble in the courtroom at the start of trial and a card bearing the name of each person is put in a barrel. After the barrel is shaken, the cards are drawn one at a time, and the person selected steps forward.
A judge may exempt a person who has a personal interest in the matter to be tried, a relationship with a participant, or a personal hardship.
As well, a judge may direct a juror, for reasons of personal hardship or any other reasonable cause, to stand aside. If the jury cannot be selected from the remaining prospective jurors, those who were asked to stand aside will then be called. Sickness Family problems Going on vacation
The judge decides which questions can be asked of prospective jurors.
In selecting a jury, the Crown and defence must consider what the value system of a prospective juror might be, given the facts of the case (ie. Views of an older female, young bachelor, feminist) Ethnicity, religion, age, financial status, occupation, sexual orientation, intelligence, and gender are only a few of the characteristics to be considered.
Some people are automatically exempt from jury duty. Some examples are: anyone under 18 or over 69 years of age, any salaried official of a government, police officers, doctors (considered medical expert), lawyers, anyone who has served on a jury within the preceding two or three years… and more.
Must be mentally fit
Persons in the following professions do not qualify to serve as jurors:
A legally qualified medical practitioner, coroner or veterinary surgeon who is actively engaged in practice
A police officer A firefighter regularly employed by a fire department A superintendent, jailer or keeper of a prison, correctional institution or
lockup The warden of a penitentiary A sheriff or a sheriff's officer Armed forces personnel of the regular and special forces and members of
the reserve forces on active service A barrister (another form of lawyer) and/or solicitor (deals with legal
matter) or a student-at-law An officer of a court of justice A judge or a justice of the peace and their spouse A member of the Privy Council of Canada, the Executive Council of
Ontario, the Senate, the House of Commons or the Assembly Visually Impaired Convicted of an indictable offence
Compensation
Those persons selected from the jury panel to serve as jurors will receive the following payment: From day 1 to 10: No fee From day 11 to 49: $40.00 per day From day 50 to the last day of trial: $100.00 per day. Trials of this length are
rare. Jurors who live outside the city in which the courthouse is located will
be paid a daily travel expense once serving as a juror. Jurors residing in the same city as the courthouse are not paid a travel allowance.
Employers are required by law to allow employees time off for jury duty.
The law does not require employers to pay salary for employees summoned for jury duty, although some employers do. Speak with your employer to determine if they have a policy to pay people absent from work for jury duty.
As a member of a jury panel or as a selected juror there is no allowance for childcare expenses.
The Challenges
There are three times that lawyers can challenge a choice for jury duty.
Using the textbook (pages 189-190) describe what each of the following means.
Challenge of Jury List:
Either side can challenge the validity of the jury list
Rarely done Only succeed if there is evidence that
the sheriff or selection committed was fraudulent, biased, or showed wilful misconduct
Challenge for Cause:
A formal objection to a prospective juror for specific reasons
Such as: formed an opinion on the case May not speak and understand English or French
Any number of challenges for cause can be made, as long as the judge rules the causes as valid
If one side challenges, other side can try to prove the cause is untrue
Lawyers can make a motion to ask potential jurors about their racial views
Penn State Scandal- Jury Selection
Peremptory Challenge:
A formal objection to a potential juror for no specific reason
Allows both defense and Crown to eliminate a potential juror with no reason
Number of peremptory challenges allowed: Serious charges ie. First degree murder = 20
challenges Charge with penalty of 5 or more years = 12
challenges Charge with penalty of under 5 years = 4 challenges
Zimmerman Trial – Peremptory Challenge
Under what circumstances can a juror leave the jury or be removed? Who replaces the lost member?
A juror can only leave because of medical reasons, or a death in the family
A criminal jury can run with only 11 jurors. The juror is not replaced
If two jurors leave, the judge will decide if a mistrial is appropriate
Call for mistrial - article
Must all jurors agree on the verdict?
Yes, it must be unanimous (everyone agrees)
Calgary Deadlock case
What is a hung jury?
If the jury cannot reach a unanimous decision the jury will be dismissed
N.S. murder trial- hung jury
What does it mean when a judge “charges the jury”?
Review of facts Defines and explains the law applying to
the case Either side can challenge the charge for
legal errors Many appeals result
Jury Deliberation
is when jurors determine the facts of the case
One juror is selected as the foreperson Jurors discard any evidence they do not
believe They determine the weight they are
going to give to the remainder of the evidence
Why would an accused person want a trial by jury?
ADVANTAGES OF TRIAL BY JURY
DISADVANTAGES OF TRIAL BY JURY
Involves the public in the
administration of justice
Judge not the only one
making deciding
People from varied
backgrounds
May base decisions on
social values
Decision from a fresh
perspective
Judges may be less prejudiced
Legal technicalities may
confuse jurors
Judges make decisions based
on facts and the law
Present reasons for the
decision (can help to
determine grounds for an
appeal)
The verdict
is the formal decisions as to whether the accused is guilty or not guilty
A person will be acquitted (found not guilty) if
the jury believes the defence evidence, does not know who to believe or if they have reasonable doubt
FAQ Jury Selection
Read p.189-194 & answer questions #3, 4 & 5 p. 194
3) Explain the difference between a peremptory challenge and a challenge for cause Peremptory challenge both the defence
and Crown can eliminate a prospective juror without giving a reason, however, you are limited on the number of challenges
Challenge for cause is when the defence or Crown object to a prospective juror for a specific reason
4) Describe three grounds on which a prospective juror may be challenged for cause A prospective juror may be challenged
for cause if he or she does not meet the requirements for being a juror, does not speak the language in which the case is being tried, or has formed an opinion about the case.
5) Explain sequestering, and identify the circumstances under which juries are sequestered. Sequestering means that jurors are
allowed contact only with one another and court officials.
It usually means they stay overnight in a local hotel until they reach a verdict. Juries can be sequestered for the entire trial, but this is unusual.
After the jury has been directed to reach a verdict, jurors are always sequestered
