Juries and Jury Selection What is a Jury

  • Slides: 8
Download presentation
Juries and Jury Selection

Juries and Jury Selection

What is a Jury? u. A group of random people (usually 12) who must

What is a Jury? u. A group of random people (usually 12) who must determine whether accused is guilty or not guilty u. Selected through a process called empanelling u. The jury for a trial will be selected from a jury panel which is larger group of potential jurors u. More controversy = Bigger jury panel

Who can be a Juror? A Juror must fulfill the following requirements: 1. Be

Who can be a Juror? A Juror must fulfill the following requirements: 1. Be a Canadian citizen 2. Be at least 18 years old 3. A resident of province/territory for at least 1 year 4. Fluent in English or French 5. Be mentally competent

Who can’t be a Juror? There are multiple groups of people exempt from jury

Who can’t be a Juror? There are multiple groups of people exempt from jury duty: 1. Judges/Lawyers/Law Students 2. Doctors/Vets/Coroners 3. Politicians 4. Law Enforcement/Families 5. Visually Impaired People 6. People who have been on Jury in last 2 -3 years 7. Convicts without pardon

Jury Challenges: Challenge of Jury List u. Either Crown or Defence lawyers can challenge

Jury Challenges: Challenge of Jury List u. Either Crown or Defence lawyers can challenge the make-up of the jury if they feel it is made of up biased individuals u. Would had to involve a biased sheriff/selection committee u. Ethnic make-up of jurors sometimes used u. Very rare type of challenge

Jury Challenges: Challenge for Cause u. If either lawyer feels like a potential juror

Jury Challenges: Challenge for Cause u. If either lawyer feels like a potential juror violates one of the previously mentioned juror requirements (fluency, age, citizenship) they can have them removed u. Opposing lawyer can try to prove that potential juror does in fact fulfill requirements if they desire that juror for the trial

Jury Challenges: Peremptory Challenge u. Defence and Crown lawyers both get a certain number

Jury Challenges: Peremptory Challenge u. Defence and Crown lawyers both get a certain number of juror eliminations that require no reason 1. Penalty Under 5 yrs: 4 challenges 2. Penalty 5+ years: 12 challenges 3. 1 st degree murder or similarly serious charges: 20 challenges u. Jurors dismissed by Peremptory Challenge may be called back for empanelling if a full jury can no longer be completed due to many eliminations by lawyers

What Must a Juror Do? u. Each juror must swear an oath to come

What Must a Juror Do? u. Each juror must swear an oath to come to a verdict honestly u. Jurors cannot: 1. Discuss case with anyone not in the jury 2. Be exposed to media about the case 3. Talk about juror deliberations that were not made public by the court Jurors are often sequestered to isolate them from outside influence for the duration of a trial

Juries and Jury Selection LAW 120 MHS MRJuries and Jury Selection LAW 120 MHS MR
Advantages and Disadvantages of Juries Advantages of JuriesAdvantages and Disadvantages of Juries Advantages of Juries
JURIES Juries A trial by ones peers TheJURIES Juries A trial by ones peers The
The Role of the Jury Juries Fundamental toThe Role of the Jury Juries Fundamental to
Jury Size English juries became fixed at 12Jury Size English juries became fixed at 12
The Jury and Democracy How Jury Deliberation PromotesThe Jury and Democracy How Jury Deliberation Promotes
GRAND JURY What is a Grand Jury HowGRAND JURY What is a Grand Jury How