the role of the jury
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The Role of the Jury. Juries. Fundamental to our justice system 12 people are chosen at random for a criminal trial Will listen to testimony in a courtroom to determine guilt beyond a reasonable doubt or innocence. Qualifications. People who can be Jurors: - PowerPoint PPT PresentationTRANSCRIPT
The Role of the Jury
JuriesFundamental to our Fundamental to our
justice systemjustice system12 people are 12 people are
chosen at random chosen at random for a criminal trialfor a criminal trial
Will listen to Will listen to testimony in a testimony in a courtroom to courtroom to determine guilt determine guilt beyond a beyond a reasonable doubt or reasonable doubt or innocenceinnocence
QualificationsPeople who can be Jurors:People who can be Jurors:Must be a Canadian citizen, at least 18 years old, and a
resident of the province for at least one year
People who cannot be Jurors:People who cannot be Jurors:Elected officials and people working in the justice system such
as lawyers, police, and probation officers cannot serve as jurors, or are attending law school
Officers and non-commissioned members of the military or reserves
Have been convicted of a crime and spend two or more years in prison
Jury Selection Potential jurors in Nova Scotia are
selected from the Health Registration List
A large group of randomly selected citizens from which a jury is selected from is known as a jury paneljury panel
ArraignmentArraignment is the first stage of a criminal trial in which the court clerk reads the charge and the defendant enters a plea
The accused is brought before a judge and jury panel for arraignment to enter a guilty or not guilty plea
If the plea is not guilty jurors will then be selected from the jury panel by the Crown and defence attorney
Jury Selection
Steps:
1) Potential jurors names from jury panel are randomly drawn
2) Person drawn goes before the court and faces the accused
3) Crown and defence may object to a potential juror
4) Either counsel may make a challenge for a causechallenge for a cause
Challenge for a cause Challenge for a cause is the right of the crown or the accused to exclude someone from a jury for a particular reason such as:1) Already has formed an
opinion about the case
2) Physically unable to perform jury duty
3) Has been convicted of a serious offence
Each side is given an unlimited number of challenges for a cause
Jury Selection
Steps:
5) A juror could be accepted as suitable and impartial but still dismissed by the Crown or defence with a peremptory peremptory challengechallenge
6) The 12 selected jurors take the juror’s oath
A peremptory challenge peremptory challenge is the right of the crown or the defence to exclude someone from a jury without providing a reason
Trial is an adversarial process with the state being the more powerful party – gives the accused to say “I really don’t want that person.”
20 challenges are given to each side for serious cases such as murder and treason
Less serious cases where the sentence will be less than five years in prison, only 12 challenges are granted
Jury Selection
A reason for the A reason for the peremptory challengeperemptory challenge