JURIES AND JURY SELECTION

WHEN DO WE USE JURY TRIALS?

Jury trials are required for the more serious indictable offences

The accused has the right to choose trial by judge or jury

ADVANTAGES OF TRIAL BY JURY

i) Defense needs to say only one of the jurors in the accused’s favor (decisions must be unanimous)

ii) A good argument may have a greater influence on a jury than an experienced judge

iii) Jury might decide a case in accordance with social values of the time, rather than precedent

iv) Jury might feel more empathy for accused compared to a judge

DISADVANTAGES

i) Jury might bring prejudice to task (poorly dressed, child abuse, drugs)

ii) May not understand the legal technicalities involved in the case

iii) Judge makes decision based on the facts and the law rather than persuasive skills of a lawyer

EXEMPTIONS

i) personal interest in a case ii) relationship with a participant of

the court iii) personal hardships

EXCLUSIONS

i) members of the legislature or municipal government

ii) judges, justices, lawyers or law students

iii) peace officers or their spouses iv) Blind, mental or physically disabled

that would seriously impair their ability V) Anyone convicted of a serious offence

THE CHALLENGES

The defense has the right to challenge the first juror: then it is alternated

CHALLENGES OF JURY LIST

CHALLENGE OF THE JURY LIST Either side can challenge the entire

jury list on the grounds that the sheriff or selection committee was fraudulent, partial or showed willful misconduct in the selection of prospective jurors

Ex. All white jury list

CHALLENGE FOR CAUSE

Either side can challenge a potential juror if they believe that an opinion has already been formed, is physically unable to perform the duty, experiences difficulty with the language, or has been convicted of a serious offence

The judge rules if the causes is valid There is no limit to the number of

challenges for cause

PEREMPTORY CHALLENGE

Either side is allowed to eliminate a prospective juror without giving a reason

The number of peremptory challenges are limited according to the charge

Examples 1st degree murder/treason = 20 challenges Penalty of 5 years or more = 12 challenges Penalty under 5 years = 4 challenges

JURY’S DUTIES

See note

SEQUESTERING THE JURY

The judge may order that the jury be isolated from their families, friends and work

Jurors may only speak to one another and court officer appointed to look after them

Purpose is to prevent jurors from being influenced by outside interests – verdict reached will be solely on the evidence presented in court

Jurors are always sequestered when they retire to reach a verdict – however long it takes

DISCHARGING A JUROR

Can occur at any time during a trial if unable to continue for valid reasons

The jury may not be reduced below 10 jurors or a new trial must be ordered

Jurors are entitled to payment ($40/day) – amount can increase if long trial

ACTIVITY

Suppose you are either the Crown or defense counsel preparing to select a jury for the murder trial outlined

All that is known about potential jurors before jury selection takes place is the person’s name, address and occupation

THE OFFENCE

A professional hockey player from Eastern Europe, aged 28, has lived in Canada for the past 10 years. He has been charged with murdering his Canadian-born wife, aged 27, after he came home drunk and stabbed her repeatedly. The woman was employed by a previous law firm, where she had enjoyed considerable success. The accused had a lucrative contract with a Canadian hockey team, but the contract had expired and the team was not going to re-sign him.

FACTOR TO CONSIDER FOR JURY SELECTION Age

Young people have different experiences and may be more flexible in their beliefs than older people

Wealth Research shows that wealthy people are more sympathetic toward

the Crown, the poor toward the defense

Occupation Choice of occupation may give clues about the person’s lifestyle and

level of education

FACTORS TO CONSIDER FOR JURY SELECTION Unemployed males

Research shows the unemployed males between the ages of 20 and 30 tend to favour the accused

Ms., Miss., or Mrs Research shows that one’s preference for

‘Mrs’ may suggest conservative attitudes, whereas “Ms.” may suggest more liberal attitudes

THE TASK

A) select the final five jurors from the list provided and list them in order of preference

B) compare your list with that of a partner and be able to defend your choice of jurors, and

C) explain to your partner why you rejected the other five jurors