JURIES AND JURY SELECTION

WHEN DO WE USE JURY TRIALS?  Jury trials are required for the more serious indictable offences  The accused has the right to choose trial by judge or jury

ADVANTAGES OF TRIAL BY JURY  i) Defense needs to say only one of the jurors in the accused’s favor (decisions must be unanimous)  ii) A good argument may have a greater influence on a jury than an experienced judge  iii) Jury might decide a case in accordance with social values of the time, rather than precedent  iv) Jury might feel more empathy for accused compared to a judge

DISADVANTAGES  i) Jury might bring prejudice to task (poorly dressed, child abuse, drugs)  ii) May not understand the legal technicalities involved in the case  iii) Judge makes decision based on the facts and the law rather than persuasive skills of a lawyer

EXEMPTIONS  i) personal interest in a case  ii) relationship with a participant of the court  iii) personal hardships

EXCLUSIONS  i) members of the legislature or municipal government  ii) judges, justices, lawyers or law students  iii) peace officers or their spouses  iv) Blind, mental or physically disabled that would seriously impair their ability  V) Anyone convicted of a serious offence

THE CHALLENGES  The defense has the right to challenge the first juror: then it is alternated

CHALLENGES OF JURY LIST  CHALLENGE OF THE JURY LIST  Either side can challenge the entire jury list on the grounds that the sheriff or selection committee was fraudulent, partial or showed willful misconduct in the selection of prospective jurors  Ex. All white jury list

CHALLENGE FOR CAUSE  Either side can challenge a potential juror if they believe that an opinion has already been formed, is physically unable to perform the duty, experiences difficulty with the language, or has been convicted of a serious offence  The judge rules if the causes is valid  There is no limit to the number of challenges for cause

PEREMPTORY CHALLENGE  Either side is allowed to eliminate a prospective juror without giving a reason  The number of peremptory challenges are limited according to the charge  Examples  1 st degree murder/treason = 20 challenges  Penalty of 5 years or more = 12 challenges  Penalty under 5 years = 4 challenges

JURY’S DUTIES  See note

SEQUESTERING THE JURY  The judge may order that the jury be isolated from their families, friends and work  Jurors may only speak to one another and court officer appointed to look after them  Purpose is to prevent jurors from being influenced by outside interests – verdict reached will be solely on the evidence presented in court  Jurors are always sequestered when they retire to reach a verdict – however long it takes

DISCHARGING A JUROR  Can occur at any time during a trial if unable to continue for valid reasons  The jury may not be reduced below 10 jurors or a new trial must be ordered  Jurors are entitled to payment ($40/day) – amount can increase if long trial

ACTIVITY  Suppose you are either the Crown or defense counsel preparing to select a jury for the murder trial outlined  All that is known about potential jurors before jury selection takes place is the person’s name, address and occupation

THE OFFENCE  A professional hockey player from Eastern Europe, aged 28, has lived in Canada for the past 10 years. He has been charged with murdering his Canadian-born wife, aged 27, after he came home drunk and stabbed her repeatedly. The woman was employed by a previous law firm, where she had enjoyed considerable success. The accused had a lucrative contract with a Canadian hockey team, but the contract had expired and the team was not going to re-sign him.

FACTOR TO CONSIDER FOR JURY SELECTION  Age  Young people have different experiences and may be more flexible in their beliefs than older people  Wealth  Research shows that wealthy people are more sympathetic toward the Crown, the poor toward the defense  Occupation  Choice of occupation may give clues about the person’s lifestyle and level of education

FACTORS TO CONSIDER FOR JURY SELECTION  Unemployed males  Research shows the unemployed males between the ages of 20 and 30 tend to favour the accused  Ms., Miss., or Mrs  Research shows that one’s preference for ‘Mrs’ may suggest conservative attitudes, whereas “Ms.” may suggest more liberal attitudes

THE TASK  A) select the final five jurors from the list provided and list them in order of preference  B) compare your list with that of a partner and be able to defend your choice of jurors, and  C) explain to your partner why you rejected the other five jurors