130 likes | 260 Views
Unit 4 Legal Studies. Overview of the Jury System. Number of Jurors. 12 jurors for each trial (15 for longer trials) 6 jurors for each civil trial. Selection of Jurors. Jurors are randomly selected from the electoral rolls
E N D
Unit 4 Legal Studies Overview of the Jury System
Number of Jurors • 12 jurors for each trial (15 for longer trials) • 6 jurors for each civil trial
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.
Qualifications of Jurors • 18 years of age or older • Conversant in English language • Not be convicted of an indictable offence • Others????
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
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
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
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
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
Disadvantage of Trial by Jury • stronger personalities can overrule more timid jurors • Decision making process is secret • juries are not truly representative
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