THE JURY & 3RD PARTY INTERVENERS BLAW WAS HERE

Law 12

3rd Party intervener

A group, not associated with either the prosecution or the defence

Often called “special interest” groups as they tend to focus on a specific topic BC Civil Liberties (civil rights) MADD (drinking and driving)

Intervene in cases that relate to their “special interest”

Offer the court unique perspective in an effort to influence the outcome of the case

JURY SELECTION (empanelling) first, a computer generates a list of about

75-100 potential jurors they are summoned to court by the sheriff

and can be charged if they don’t appear! Any French or English speaking Canadian

citizen aged 18-69 can be called to serve on a jury but, there are some exceptions! Consider the purpose of a jury: a panel of one’s

peers to make an impartial determination of guilt or innocence. Who should be excluded?

JURY SELECTION

People usually exempted from jury duty: members of federal, provincial, or municipal

governments judges, justices of the peace, lawyers, law students doctors, coroners, veterinarians law enforcement officers and their spouses people who are visually impaired or disabled in a

way that would interfere with serving jury duty anyone who has served on a jury in the past 2 to 3

years anyone who has been convicted of an indictable

offense and not pardoned

JURY SELECTION the jury is chosen by the defense and

prosecution as each potential juror is called forward, the

defense and prosecution can accept them or reject them using these challenges:

1. Challenge of Jury List – claim that the list of potential jurors was made unfairly

2. Challenge for Cause – claim that a juror does not meet requirements

3. Peremptory Challenge – allows either side to eliminate a juror without cause, but they only get a limited number 20 for treason/1st degree murder 12 if penalty is over 5 years 4 if penalty is under 5 years

JURY SELECTION

judges can exempt jurors based on the following factors: personal interest in the case

Such as living near the location of the offense, having been victim of a similar crime, have suffered damage or harm as a result of the offense…

relationship with a trial participant Includes business, personal, familial… “trial participants” includes the accused, but also

judge, other jurors, lawyers, witnesses… personal hardship

Financial hardship, need to care for dependents, health factors…

In the end, 12 jurors are chosen to serve…

JURY DUTY

Jurors are usually allowed to go home at the end of the day, but can be SEQUESTERED (isolated from everyone but each other and a court officer) if necessary during a case juries are always sequestered when they

retire to reach a verdict A jury must reach a unanimous decision; if

they are unable to, they are a “hung jury” and a new trial may have to be ordered The judge will try to give the jury more directions

and ask them to keep trying for as long as possible Jurors must NOT: discuss the case with non-

jurors, read/see media about the case, or share any jury discussions (except with the court if required by the judge)