Who should judge Judges and Juries in the

Who should judge? Judges and Juries in the Canadian justice system Unit 1: What does justice look like?

Who should judge? If our justice system depends upon a decision being rendered from a court case, who should make that decision: judges or juries?

Who should judge? juries Jury trials are held for: • • • Murder Treason Alarming her Majesty Intimidating Parliament or a legislature Bribery by the holder of a judicial office Seditious (or subversive offenses) Piracy or piratical acts Inciting to mutiny Attempting or conspiring to commit any of the above offenses Accessory to murder or treason

Selection Process: juries

Selection Process: juries

Selection Process: juries 1. A list of jurors is created from a list of all people living in the area where the court is located. Generally, prospective jurors must be Canadian citizens, between the ages of 18 and 69, and speak either English or French. 2. A selection committee headed by the sheriff then randomly picks 75 to 100 names from the list. the List 1. Challenge 3. The people selected are summoned to appear at the court by notice from the 2. Challenge for Cause sheriff. If a juror fails to appear, they can be issued a warrant and can even be criminally charged. 3. Peremptory Challenge 4. Prospective jurors gather in the courtroom and cards with each of their names are placed in a barrel. Each person steps forward after his/her name is drawn. 5. The judge may exempt anyone with a personal interest in the case, a relationship with a trial participant, or a personal hardship. The judge can also direct a juror to stand aside for any reasonable cause. 6. If a full jury cannot be selected from the remaining prospective jurors, those asked to stand aside will be called again. 7. The defense and the Crown prosecutor can then accept or reject them as jurors.

Selection Process: juries What are the characteristics of a qualified juror? • How might an older male, a feminist, an older female, or a young bachelor view the accused in a case involving obscenity? • How might a juror sharing the same race/ethnicity as the accused react in a racially motivated crime? • How might a woman and man view the accused claiming battered wife syndrome differently? • How might a father view the accused in a rape case? • Ethnicity, religion, age, financial status, occupation, sexual orientation, intelligence, and gender are only a few characteristics that are considered.

Selection Process: juries Who is exempt from serving on a jury? • MPs, senators, members of provincial legislatures and municipal governments • Judges, justices of the peace, lawyers, law students, doctors, coroners, veterinarians • Law enforcement officers, special constables, sheriffs, prison wardens and guards, and their spouses • People who are visually impaired • People with mental or physical disability that seriously 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

Juror Conduct In all trials, jurors must not: § Discuss the case with anyone other than other jurors § Follow media reports about the case § Disclose any information from jury discussions that is not revealed in open court

The role of juries

The role of juries § Juries as a Judicial Institution § Juries as a Political Institution § Juries as a Public School

The role of juries

Being on a jury

Trial by Judge…. § Judges may be less prejudiced than some jurors, who may look down on an accused who is poorly dressed, for example. § Some jurors may also allow disgust at an offence – such as child abuse or impaired driving – to cloud their judgment. § Legal technicalities may confuse jurors. § A jury may be as convinced by style over substance. § A judge is trained to make a decision based on the facts and the law. § A judge presents reasons for his/her decision – a jury does not.

Trial by Jury…. • Trial by jury involves the public in the administration of justice, which also helps to educate the public. • The use of juries means that judges do not have to make all the court decisions. • Juries are composed of people from many different backgrounds, who bring a fresh perspective to the courtroom and who can reject oppressive laws. • Juries may base their decisions on current social values, rather than strict legal precedent. • The defense needs to convince only one juror to favour the accused or have reasonable doubt; a jury’s decision must be unanimous. • A jury may feel empathy for the accused, especially if the charge is one with which they identify.

Who should judge? Judges and Juries in the Canadian justice system Unit 1: What does justice look like?