The Role of the Jury

Juries Fundamental to our justice system Fundamental to our justice system 12 people are chosen at random for a criminal trial 12 people are chosen at random for a criminal trial Will listen to testimony in a courtroom to determine guilt beyond a reasonable doubt or innocence Will listen to testimony in a courtroom to determine guilt beyond a reasonable doubt or innocence

Qualifications People who can be Jurors: Must be a Canadian citizen, at least 18 years old, and a resident of the province for at least one year People who cannot be Jurors: Elected officials and people working in the justice system such as lawyers, police, and probation officers cannot serve as jurors, or are attending law school Officers and non-commissioned members of the military or reserves Have been convicted of a crime and spend two or more years in prison

Jury Selection Potential jurors in Nova Scotia are selected from the Health Registration List jury panel A large group of randomly selected citizens from which a jury is selected from is known as a jury panel Arraignment Arraignment is the first stage of a criminal trial in which the court clerk reads the charge and the defendant enters a plea The accused is brought before a judge and jury panel for arraignment to enter a guilty or not guilty plea If the plea is not guilty jurors will then be selected from the jury panel by the Crown and defence attorney

Jury Selection Steps: 1) Potential jurors names from jury panel are randomly drawn 2) Person drawn goes before the court and faces the accused 3) Crown and defence may object to a potential juror challenge for a cause 4) Either counsel may make a challenge for a cause Challenge for a cause Challenge for a cause is the right of the crown or the accused to exclude someone from a jury for a particular reason such as: 1)Already has formed an opinion about the case 2)Physically unable to perform jury duty 3)Has been convicted of a serious offence Each side is given an unlimited number of challenges for a cause

Jury Selection Steps: peremptory challenge 5) A juror could be accepted as suitable and impartial but still dismissed by the Crown or defence with a peremptory challenge 6) The 12 selected jurors take the juror’s oath peremptory challenge A peremptory challenge is the right of the crown or the defence to exclude someone from a jury without providing a reason Trial is an adversarial process with the state being the more powerful party – gives the accused to say “I really don’t want that person.” 20 challenges are given to each side for serious cases such as murder and treason Less serious cases where the sentence will be less than five years in prison, only 12 challenges are granted

Jury Selection A reason for the peremptory challenge