THE JURY & 3 RD PARTY INTERVENERS BLAW WAS HERE Law 12.

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Presentation transcript:

THE JURY & 3 RD PARTY INTERVENERS BLAW WAS HERE Law 12

3 rd Party intervener  A group, not associated with either the prosecution or the defence  Often called “special interest” groups as they tend to focus on a specific topic  BC Civil Liberties (civil rights)  MADD (drinking and driving)  Intervene in cases that relate to their “special interest”  Offer the court unique perspective in an effort to influence the outcome of the case

JURY SELECTION (empanelling)  first, a computer generates a list of about potential jurors  they are summoned to court by the sheriff  and can be charged if they don’t appear!  Any French or English speaking Canadian citizen aged can be called to serve on a jury  but, there are some exceptions!  Consider the purpose of a jury: a panel of one’s peers to make an impartial determination of guilt or innocence. Who should be excluded?

JURY SELECTION  People usually exempted from jury duty:  members of federal, provincial, or municipal governments  judges, justices of the peace, lawyers, law students  doctors, coroners, veterinarians  law enforcement officers and their spouses  people who are visually impaired or disabled in a way that would interfere with serving jury duty  anyone who has served on a jury in the past 2 to 3 years  anyone who has been convicted of an indictable offense and not pardoned

JURY SELECTION  the jury is chosen by the defense and prosecution  as each potential juror is called forward, the defense and prosecution can accept them or reject them using these challenges: 1. Challenge of Jury List – claim that the list of potential jurors was made unfairly 2. Challenge for Cause – claim that a juror does not meet requirements 3. Peremptory Challenge – allows either side to eliminate a juror without cause, but they only get a limited number  20 for treason/1 st degree murder  12 if penalty is over 5 years  4 if penalty is under 5 years

JURY SELECTION  judges can exempt jurors based on the following factors:  personal interest in the case Such as living near the location of the offense, having been victim of a similar crime, have suffered damage or harm as a result of the offense…  relationship with a trial participant Includes business, personal, familial… “trial participants” includes the accused, but also judge, other jurors, lawyers, witnesses…  personal hardship Financial hardship, need to care for dependents, health factors…  In the end, 12 jurors are chosen to serve…

JURY DUTY  Jurors are usually allowed to go home at the end of the day, but can be SEQUESTERED (isolated from everyone but each other and a court officer) if necessary during a case  juries are always sequestered when they retire to reach a verdict  A jury must reach a unanimous decision; if they are unable to, they are a “hung jury” and a new trial may have to be ordered  The judge will try to give the jury more directions and ask them to keep trying for as long as possible  Jurors must NOT: discuss the case with non-jurors, read/see media about the case, or share any jury discussions (except with the court if required by the judge)