What is a jury and what are the responsibilities of jurors What is a jury and what are the responsibilities of jurors What role does plea bargaining play in the justice system What role does plea bargaining play in the justice system What are roles in the justice system What are roles in the justice system What are terms that need to be understood to navigate the justice system What are terms that need to be understood to navigate the justice system vd_o vd_o vd_o vd_o THE JURY SYSTEM AND THE TERMINOLOGY OF JUSTICE

JURY SYSTEM AND JURY DUTY Not all crimes are eligible for trial by jury, in Canada those crimes with sentences of five years or more qualify Not all crimes are eligible for trial by jury, in Canada those crimes with sentences of five years or more qualify Lesser sentences have no option for jury Lesser sentences have no option for jury Accused gets option of judge or jury Accused gets option of judge or jury YCJA after age 14 have option for jury for certain offences YCJA after age 14 have option for jury for certain offences

THE NUMBER OF JUDGES IN ALBERTA Alberta Court Total Number of Judges in Office Super- numeraries Grand Total Total Number of Women Judges Number of Current Vacancies Court of Appeal Queen's Bench

WHAT IS A JURY A person 14 years of age or older may choose to be tried by a judge or jury for certain offences A person 14 years of age or older may choose to be tried by a judge or jury for certain offences Juries always have 12 people and all twelve must agree on a verdict Juries always have 12 people and all twelve must agree on a verdict Anyone who is 18 years of age or older and who is a Canadian citizen is eligible for jury duty Anyone who is 18 years of age or older and who is a Canadian citizen is eligible for jury duty Serving on a jury is considered a duty of Canadian citizens Serving on a jury is considered a duty of Canadian citizens

JURY DUTY CONSIDERATIONS 1. All people over 18 may be called 2. Not everyone is selected 3. Higher profile case, harder it is harder to find jurors 4. Interview process under oath 5. Alternate jurors often utilized 6. Employers must give time off to for jury duty, but don’t have to pay you 7. Some groups have an easier time being excused, ex: self employed 8. Criteria for being excused undue hardship

A CARTOON ABOUT JURY HARDSHIP As you can see from the cartoon, it is the judge who has the ultimate say in determining hardship As you can see from the cartoon, it is the judge who has the ultimate say in determining hardship

A CARTOON ABOUT THE JURY SYSTEM Do you think the cartoonist is a fan of the jury system? What evidence would you point to show your opinion? Why would some people attempt to avoid jury duty?

ROLES IN CRIMINAL CASE Prosecution- supplying of evidence that indicate guilt of the accused Prosecution- supplying of evidence that indicate guilt of the accused Defense- supply evidence that supports innocence of the accused Defense- supply evidence that supports innocence of the accused In the Canadian System the people are represented by crown prosecutors In the Canadian System the people are represented by crown prosecutors

THE ELEMENTS OF THE CRIME Motive- why the accused might have committed the crime Motive- why the accused might have committed the crime Opportunity- could the accused have committed the crime Opportunity- could the accused have committed the crime That is why alibis are important they attack the opportunity element of the crime That is why alibis are important they attack the opportunity element of the crime In Latin, “alibi” literally means “somewhere else.” In a court of law, it means that someone was in a location distant enough from the scene of a crime that he or she could not have committed the crime, and the individual is therefore innocent.

WHY MANY CASES DO NOT GO TO TRIAL Plea Bargain- agreeing you are guilty for a reduced sentence, saves time and money for jurors Plea Bargain- agreeing you are guilty for a reduced sentence, saves time and money for jurors In theory, a plea bargain may be negotiated at any time after arrest. In theory, a plea bargain may be negotiated at any time after arrest. Also, if the trial results in a hung jury the prosecution and defense may (and often do) negotiate a plea rather than go through yet another trial. Also, if the trial results in a hung jury the prosecution and defense may (and often do) negotiate a plea rather than go through yet another trial. More than 90% of convictions come from negotiated pleas More than 90% of convictions come from negotiated pleas

TYPES OF PLEA BARGAINING There are three types of plea bargaining, two of which are most commonly used. Charge bargaining is used when a defendant pleads guilty to a less serious crime than one originally imposed. Count bargaining is used when the defendant pleads guilty to a fewer number of the charges. Sentence bargaining is used when the defendant pleads guilty knowing what sentence will be given.

THE PROS AND CONS OF PLEA BARGAINING: OUR THOUGHTS PROS OF PLEA BARGAININGCONS OF PLEA BARGAINING

TERMS ASSOCIATED WITH JURY TRIALS Sequester- jury is put in isolation for the duration of a trial, designed to keep jury focused on trial, dramatically increases costs Sequester- jury is put in isolation for the duration of a trial, designed to keep jury focused on trial, dramatically increases costs Jury pool- all potential jurors for a trial Jury pool- all potential jurors for a trial Juror- someone selected for a specific trial from a jury pool Juror- someone selected for a specific trial from a jury pool Deliberations- period of time when jury discusses and considers the evidence presented at a trial Deliberations- period of time when jury discusses and considers the evidence presented at a trial

TERMS ASSOCIATED WITH JURY TRIALS Hung jury- when a jury is unable to come to a unanimous vote Hung jury- when a jury is unable to come to a unanimous vote Mistrial- can result from a hung jury or incorrectly ruled evidence or misconduct juror, results in a new trial Mistrial- can result from a hung jury or incorrectly ruled evidence or misconduct juror, results in a new trial Sentencing- when someone found guilty of a crime finds out the specifics of their penalty Sentencing- when someone found guilty of a crime finds out the specifics of their penalty Appeal- when one side or the other feels an error in the law was made during a prior trial Appeal- when one side or the other feels an error in the law was made during a prior trial

JURY OF YOUR PEERS CONCEPT A jury should be representative of society A jury should be representative of society Among the demographic considerations Among the demographic considerations Income Income Religion Religion Gender Gender Age Age Education levels Education levels

REMOVAL OF POTENTIAL JURORS FOR CAUSE In the US, this examination and selection process includes a dialogue between the potential jurors and lawyers, in what is called a voir dire (French for "to speak the truth"). In the US, this examination and selection process includes a dialogue between the potential jurors and lawyers, in what is called a voir dire (French for "to speak the truth"). In comparison to the US process, the Canadian voir dire is curtailed significantly, with little dialogue between the lawyers and jury pool. The voir dire is a truth-seeking process where the lawyers try to cleanse the jury pool from any unfair prejudice or bias that may jeopardize the fairness of the proceedings. In comparison to the US process, the Canadian voir dire is curtailed significantly, with little dialogue between the lawyers and jury pool. The voir dire is a truth-seeking process where the lawyers try to cleanse the jury pool from any unfair prejudice or bias that may jeopardize the fairness of the proceedings.

CHALLENGING A JUROR This process of removal is called "challenging" the juror. There are two types of challenges: 1) challenges for cause; and 2) peremptory challenges. The first type of challenge is where it is believed that the juror cannot sit as an impartial decision maker. This process of removal is called "challenging" the juror. There are two types of challenges: 1) challenges for cause; and 2) peremptory challenges. The first type of challenge is where it is believed that the juror cannot sit as an impartial decision maker. The second category - principled on the requirements of a fair trial - is reserved for the lawyers to strike a potential juror for almost whatever reason. The second category - principled on the requirements of a fair trial - is reserved for the lawyers to strike a potential juror for almost whatever reason.

SOME LOOKS INTO THE JUSTICE SYSTEM l_stages/stages-plea-bargains/plea- bargain-pros-and-cons.html l_stages/stages-plea-bargains/plea- bargain-pros-and-cons.html l_stages/stages-plea-bargains/plea- bargain-pros-and-cons.html l_stages/stages-plea-bargains/plea- bargain-pros-and-cons.html ea-Negotiations-Criminal- Lawyer/Federal/the-pros-and-cons-of- plea-bargaining.html ea-Negotiations-Criminal- Lawyer/Federal/the-pros-and-cons-of- plea-bargaining.html ea-Negotiations-Criminal- Lawyer/Federal/the-pros-and-cons-of- plea-bargaining.html ea-Negotiations-Criminal- Lawyer/Federal/the-pros-and-cons-of- plea-bargaining.html