Juries & Jury Selection Part I Chapter 8

Shape of the Class 0 Entrance Slip 0 Big Idea 0 Introduction – What is a jury? 0 Why do we have juries? 0 How and when is decision to chose a trial by jury made 0 Advantages of trial by Jury 0 Advantages of trial by judge? 0 Activity 0 Exit Slip

Entrance Slip 0 Who are the main players in a courtroom, and how do they contribute to the adversarial system?

Big Idea Why do we have juries in our judicial system?

What is a Jury 0 Jury, a group of citizens summoned by law to render verdict on a question submitted in a court of justice 0 12 Canadian Citizens 18-69, speak English or French 0 Restrictions: Gov’t officials, legal professionals, law enforcement, mental or physical disabilities impair ability to complete jury duty, Doctors, Veterinarians, and convicted criminals of indictable offence who has not received a pardon

Why do we have juries? 0 The jury in criminal cases has historically been regarded as the "foundation of our free institutions,” 0 Juries since Ancient Greek and Roman Times Magna Carta – Nobles force King John – trial by peers 0 Crown has to prove to 12 citizens beyond reasonable doubt accused is guilty 0 Public perception that juries are fairer since accused judged by peers

Choose 0 Accused and Defence Council make decision whether to have a trial by judge or jury 0 Defense aim is to win, will ponder options based on charge and their client 0 Setting the best foundation to win

Advantages Trial by Jury 0 Defence needs to convince one Juror of reasonable doubt 0 Charismatic Accused or Defence easier to convince Juror then Judge 0 Juror might feel empathy for accused 0 Juries can base decision on current social values rather than strict legal precedent

Advantages of Trial by Judge 0 Judges more neutral than Jurors who might have bias 0 Disgust at offence i.e. child abuse might cloud Juror ‘s decision making 0 Judge not swayed by charismatic actions of Crown or Defence but focuses on evidence 0 Judge trained to make decision based on facts, evidence, and law

Sample Activity 0 Scenario: Major Fraud 0 Accused on trial for bilking senior citizens of 500K using sophisticated Ponzi scheme 0 Accused is 54 year old Entrepreneur 0 0 Thinking like the accused and her Defence Council, would she chose trial by Jury or by Judge?

Activity: Choose 0 Working with a partner. You are the accused. Based on your knowledge about the advantages and disadvantages of trial by jury or by judge, explain why you would choose trial by jury or by judge for the following offenses on the worksheet provided. 0 Once completed, class will review their choices together one scenario at a time. 0 0 Raising one finger =Judge 0 Raising two fingers=Jury

Exit Slip 0 Why do we have juries in our judicial system? 0 Next Class Homework: PP# Juries Part II