JURY SELECTION EVIDENCE DEBATES The debates that were

JURY SELECTION

EVIDENCE DEBATES • The debates that were recorded have been marked and are in Powerschool. • Monday Make UP…. • Debate Conclusions: – Is there a compromise possible between the two forms of evidence? – One supports the other. While physical evidence is more reliable, and often necessary for conviction witness evidence can provide context and support/ confirm the physical evidence.

ROB FORD – A NATURAL SEGWAY • Confessions…Physical Evidence…. ? • “Not only are [police] not obligated, they absolutely couldn’t charge him for something he’s done for which they have no evidence of, ” he said. “The fact that he [may have] admitted publicly…to drinking and driving is not evidence. ” • He added having drug use on video and proving what it is in a court of law are two separate things. • “To prove it, they would need the crack pipe, they would need at least some crack residue, they would need him with the pipe, ” if the allegations were true, he said • Never taken to court • Court of Public Opinion • Selecting a Jury- The trials and tribulations…. .

EMPANELLING • Is the process of selecting the 12 jurors • This can take many days • Kevin Coe Case

THE PROCESS • First, a list of jurors (usually computer generated) for the session of court is selected from the list of all people living in the county. • The Juries Act sets out the process to select juries. Names of potential jurors are taken from the most recent enumeration (voters) lists that the Ministry obtains from the Municipal Property Assessment Corporation.

NO SHOWS… • From this list a selection committee randomly picks 75 to 100 names (more for a controversial case). These people are summoned to appear at the court by notice from the sheriff. • Anyone who does not appear can have a warrant issued against them and can be criminally charged. (a) (b) (c) (d) Every person who is required to complete and return a juror information form and, without reasonable excuse, fails to do so; without reasonable excuse, gives false or misleading information in a juror information form or in an application to be excused from service as a juror; is summoned to attend and, without reasonable excuse, fails to obey the summons or fails to answer when called by the jury co-ordinator; or contravenes any other provision of this Act, is guilty of an offence and liable on summary conviction to a penalty of not more than one thousand dollars.

Civil Responsibility? • Who to blame for juror no shows- article: "It's a duty to participate. But not everybody apparently understands that, " said Justice Kennedy. "We haven't been asked to do that much. When we are asked, we don't vote, we don't show up for jury duty. We are a flabby, sad generation. “ Quebec’s justice ministry says in Montreal, absenteeism is about 20 to 25 per cent. Saskatchewan doesn’t track absenteeism, but sends out extra summonses in anticipation that 30 per cent will fail to appear. • Unfair burden or civil obligation? - article

UNFAIR BURDEN OR CIVIL OBLIGATION? - ARTICLE • Lengthy trial proceedings such take a financial toll on the men and women who serve on juries. • Compensation is not commensurate with what jury members would make in their work life, and serving on a jury comes with related expenses such as child care and travel that are usually not reimbursed at all or only partially. • $40/ day after 11 th day • $100/ day after 25 th day • most jurors get nothing more than a guarantee — mandated by law — that their job will be there when they get back to work at the end of the trial.

COMPENSATION • Those persons selected from the jury panel to serve as jurors will receive the following payment: – From day 1 to 10: No fee – From day 11 to 49: $40. 00 per day – From day 50 to the last day of trial: $100. 00 per day. Trials of this length are rare. • Jurors who live outside the city in which the courthouse is located will be paid a daily travel expense once serving as a juror. Jurors residing in the same city as the courthouse are not paid a travel allowance. • Employers are required by law to allow employees time off for jury duty. • The law does not require employers to pay salary for employees summoned for jury duty, although some employers do. Speak with your employer to determine if they have a policy to pay people absent from work for jury duty. • As a member of a jury panel or as a selected juror there is no

THAT BEING SAID… • The prospective jurors assemble in the courtroom at the start of trial and a card bearing the name of each person is put in a barrel. After the barrel is shaken, the cards are drawn one at a time, and the person selected steps forward.

EXCUSING JURORS • A judge may exempt a person who has a personal interest in the matter to be tried, a relationship with a participant, or a personal hardship. • As well, a judge may direct a juror, for reasons of personal hardship or any other reasonable cause, to stand aside. If the jury cannot be selected from the remaining prospective jurors, those who were asked to stand aside will then be called. – Sickness – Family problems – Going on vacation • The judge decides which questions can be asked of prospective jurors.

JURY BIAS • In selecting a jury, the Crown and defense must consider what the value system of a prospective juror might be, given the facts of the case • (ie. Views of an older female, young bachelor, feminist) • Ethnicity, religion, age, financial status, occupation, sexual orientation, intelligence, and gender are only a few of the characteristics to be considered. • George Zimmerman Trial • Obama’s Opinion (approx. 4. 30 mins) • George Zimmerman Jury Selection

EXEMPTIONS • Some people are automatically exempt from jury duty. Some examples are: anyone under 18 or over 69 years of age, any salaried official of a government, police officers, doctors (considered medical expert), lawyers, anyone who has served on a jury within the preceding two or three years… and more. • Must be mentally fit

PERSONS IN THE FOLLOWING PROFESSIONS DO NOT QUALIFY TO SERVE AS JURORS: • A legally qualified medical practitioner, coroner or veterinary surgeon who is actively engaged in practice • A police officer • A firefighter regularly employed by a fire department • A superintendent, jailer or keeper of a prison, correctional institution or lockup • The warden of a penitentiary • A sheriff or a sheriff's officer • Armed forces personnel of the regular and special forces and members of the reserve forces on active service • A barrister (another form of lawyer) and/or solicitor (deals with legal matter) or a student-at-law • An officer of a court of justice • A judge or a justice of the peace and their spouse • A member of the Privy Council of Canada, the Executive Council of Ontario, the Senate, the House of Commons or the Assembly • Visually Impaired • Convicted of an indictable offence

JURY CHALLENGES PROCESS OF SELECTION-CHALLENGES TO THE JURY

CHALLENGE OF JURY LIST: • Either side can challenge the validity of the jury list • Rarely done • Only succeed if there is evidence that the sheriff or selection committed was fraudulent, biased, or showed wilful misconduct

THE CHALLENGES • There are two other times that lawyers can challenge a choice for jury duty during the selection process. • Using the textbook (pages 173 -174) describe what each of the following means: – Challenge for Cause – Peremptory Challenge

CHALLENGE FOR CAUSE: • A formal objection to a prospective juror for specific reasons • Such as: – formed an opinion on the case – May not speak and understand English or French • Any number of challenges for cause can be made, as long as the judge rules the causes as valid • If one side challenges, other side can try to prove the cause is untrue • Lawyers can make a motion to ask potential jurors about their racial views • Penn State Scandal- Jury Selection

PEREMPTORY CHALLENGE: • A formal objection to a potential juror for no specific reason • Allows both defense and Crown to eliminate a potential juror with no reason • Number of peremptory challenges allowed: – Serious charges ie. First degree murder = 20 challenges – Charge with penalty of 5 or more years = 12 challenges – Charge with penalty of under 5 years = 4 challenges – Kind of like a veto

UNDER WHAT CIRCUMSTANCES CAN A JUROR LEAVE THE JURY OR BE REMOVED? WHO REPLACES THE LOST MEMBER? • A juror can only leave because of medical reasons, or a death in the family • A criminal jury can run with only 11 jurors. The juror is not replaced • If two jurors leave, the judge will decide if a mistrial is appropriate • Call for mistrial - article

MUST ALL JURORS AGREE ON THE VERDICT? • Yes, it must be unanimous (everyone agrees) • Calgary Deadlock case

WHAT IS A HUNG JURY? • If the jury cannot reach a unanimous decision the jury will be dismissed • N. S. murder trial- hung jury

WHAT DOES IT MEAN WHEN A JUDGE “CHARGES THE JURY”? • The judge's instructions to the jury concerning the law that applies to the facts of the case on trial. • The opinion expressed by the court to the jury, on the law arising out of a case before them. • It should contain a clear and explicit exposition of the law, when the points of the law in dispute arise out of the facts proved on the trial of the cause but the court ought at no time to undertake to decide the facts, for these are to be decided by the jury.

JURY DELIBERATION • is when jurors determine the facts of the case • One juror is selected as the foreperson • Jurors discard any evidence they do not believe • They determine the weight they are going to give to the remainder of the evidence

WHY WOULD AN ACCUSED PERSON WANT A TRIAL BY JURY? ADVANTAGES OF TRIAL BY JURY Involves the public in the administration of justice Judge not the only one making deciding People from varied backgrounds May base decisions on social values Decision from a fresh perspective DISADVANTAGES OF TRIAL BY JURY Judges may be less prejudiced Legal technicalities may confuse jurors Judges make decisions based on facts and the law Present reasons for the decision (can help to determine grounds for an appeal)

THE VERDICT • is the formal decisions as to whether the accused is guilty or not guilty • A person will be acquitted (found not guilty) if…. . • the jury believes the defence evidence, does not know who to believe or if they have reasonable doubt

1) EXPLAIN THE DIFFERENCE BETWEEN A PEREMPTORY CHALLENGE AND A CHALLENGE FOR CAUSE • Peremptory challenge both the defense and Crown can eliminate a prospective juror without giving a reason, however, you are limited on the number of challenges • Challenge for cause is when the defense or Crown object to a prospective juror for a specific reason

2) DESCRIBE THREE GROUNDS ON WHICH A PROSPECTIVE JUROR MAY BE CHALLENGED FOR CAUSE • A prospective juror may be challenged for cause if he or she does not meet the requirements for being a juror, does not speak the language in which the case is being tried, or has formed an opinion about the case.

3) EXPLAIN SEQUESTERING, AND IDENTIFY THE CIRCUMSTANCES UNDER WHICH JURIES ARE SEQUESTERED. • Sequestering means that jurors are allowed contact only with one another and court officials. • It usually means they stay overnight in a local hotel until they reach a verdict. Juries can be sequestered for the entire trial, but this is unusual. • After the jury has been directed to reach a verdict, jurors are always sequestered