Unit 4 Legal Studies

1. Unit 4 Legal Studies Overview of the Jury System

2. Number of Jurors • 12 jurors for each trial (15 for longer trials) • 6 jurors for each civil trial

3. Selection of Jurors • Jurors are randomly selected from the electoral rolls • Jurors cannot be required to be on jury duty more than once per year.

4. Qualifications of Jurors • 18 years of age or older • Conversant in English language • Not be convicted of an indictable offence • Others????

5. What is Jury ? • 12 people > randomly picked • safeguard of abuse of justice • represent a spreading of authority • Lowers the risk of prejudice or bias • the accused has a right to challenge individual members against apparent bias • locked up together in a jury room to prevent communication with outsiders

6. Juries’ Responsibilities in Criminal Cases • To determine whether defendant is guilty or not guilty • Jury’s verdict must be unanimous, except? • Prosecutor must prove defendant’s guilt beyond a reasonable doubt • Juries are not responsible for sentencing in criminal cases

7. Juries’ Responsibilities in Civil Cases • To determine the level of damages to be awarded • must be agreed upon by a majority of the jurors(5 of 6) • Plaintiff must prove its case on the balance of probabilities

8. Jury in civil and criminal case

9. Advantages of Trial by Jury • protect the individual from the judicial power • community values and standards >> better ideas of this than a judge. • general public is more likely to have faith in the jury’s decision

10. Disadvantage of Trial by Jury • take much longer than summary hearings • cost soars when the jury has to be discharged • Jury service is too great to place on ordinary people

11. Disadvantage of Trial by Jury • stronger personalities can overrule more timid jurors • Decision making process is secret • juries are not truly representative

12. Disadvantage of Trial by Jury • Juries tend to favors the accused • Pre-trial publicity can bias jury • jurors are easily swayed by fast-talking lawyers