The Role of the Jury
Jury in Canada
In Canada, the jury in a criminal trial comprises of ______members. The jury is chosen by both the ______and the ______.
However jury array is governed by provincial legislation…
______pool of potential jurors assembled under provincial legislation: also called jury panel or jury roll.
Qualifications
The ______outlines the rules and procedures the juries and courts must follow…
People who can be Jurors:
Must be a ______citizen, at least ______years old, and a resident of the province for at least one year
People who cannot be Jurors:
Elected officials (MP, MPP, senators) and people working in the justice system such as lawyers, police, and probation officers, spouse of a lawyer or a police officer, medical doctor, Veterinarian, firefighter,or are attending law school
Officers and non-commissioned members of the military or reserves
People who are visually impaired, or with a mental or physical ability that serious impairs their ability to complete jury duty
Anyone who has served on a jury within the preceding two or three years
Anyone convicted of an indictable offence that has not been pardoned
The Jury
Individuals charged with a serious indictable offence have the ______of trial before a judge and jury. It is up to the jury to determine the facts of the case. At the end of the case the judge instructs the jury of the relevant law. Here the jury applies the law to the facts as it finds them
Empanelling
1) a list of jurors is created from the ______list of people living in the area of the court
2) a selection committee headed by the sheriff picks 100 – 150 names from this electoral list: this is called a ______
3) people on this panel are summoned to appear at the court by ______; more people are called for more controversial cases – why? to ensure that those who are biased or who have already formed opinions about the case can be eliminated
4) Jurors are expected to have no ______or ______in the law
6) For what other reasons could you be excused from jury duty?
If you have a personal interest in the case (relationship with a trial participant); unable to speak the language spoken at trial; personal hardship (surgery); vacation or examinations (must submit proof); religious beliefs
Jury Challenges
Both the ______and the ______have the right to challenge potential jurors. Why would both lawyers want to challenge jurors?
The purpose of challenges is to create an ______jury and to give the Crown or the defence equal opportunity to participate in the selection.
Two types of jury challenges which are available to the crown and defense…
1. ______Challenge
2. ______for Cause
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 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
•Usually both legal teams will argue that the juror is not impartial.
Steps:
5)A juror could be accepted as suitable and impartial but still dismissed by the Crown or defence with a 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
- Lawyers usually make peremptory challenges on the basis of minimal information: the potential jurors name. occupation, address, physical appearance and demeanor.
Jury Duty
______Selected Jurors are sworn in and take their seat in the jury box
Jurors Oath:
- to base ______solely on the evidence
- Come to decision in ______
Informed of their duties by ______
Jury appoints a ______
Must not:
Discuss the case with non-jury members
Follow media reports about the case
Disclose any information from jury discussions
Decision must be ______(otherwise dismissed as a hung jury)
Usually you can go home at the end of each day unless ______– housed until they reach a verdict
Jurors may be discharged for valid reasons. If jury falls below _____ – new trial
Compensation
•If you live more than ______km from the court you will be given a travel allowance.
•You are not paid for the first nine days
•From days ______, the fee is ______
•If you have to serve for ______days or more, this increases to $100.00/day.
Employment
- Employers are required to allow employees time off for jury duty.
•They are not required to pay you while you are on jury duty, but some larger employers will.
•If you are on E.I. you are allowed to receive benefits while serving on jury duty.
•If performing jury duty would place an undue hardship on you because of your employment, business, schooling, or personal circumstances, you can make a written request to have your jury duty postponed to a later date.
Advantages of Jury Trial
- Jurors become more aware of the justice system
- Legal conflicts resolved by peers
- Jury reflects conscious of society
- Jury brings a fresh perspective to courtroom
- Legal precedent maybe challenged
- For the accused the jurors may empathize with the charge Juries more easily manipulated than a judge by a good lawyer
- Chance of 1 of 12 rather than all or nothing
Advantages of Judge Alone Trial
- Judges are more predictable
-not swayed by emotions
-not influenced as easily by lawyers
- Many cases too technical for juries
- Judges must give a reason for their verdict
- Juries cost money
- Jury verdicts may rest more on persuasive lawyers rather than facts and law
- Jurors may be unduly influenced by factors such as the attitude or appearance off the accused, or nature of the offences.