THE JURY SYSTEM AND THE TERMINOLOGY OF JUSTICE

1. THE JURY SYSTEM AND THE TERMINOLOGY OF JUSTICE What is a jury and what are the responsibilities of jurors What role does plea bargaining play in the justice system What are roles in the justice system What are terms that need to be understood to navigate the justice system http://www.youtube.com/watch?v=uWcWgy9vd_o

2. JURY SYSTEM AND JURY DUTY http://www.youtube.com/watch?v=FZgFp_-dph4 • Not all crimes are eligible for trial by jury, in Canada those crimes with sentences of five years or more qualify • Lesser sentences have no option for jury • Accused gets option of judge or jury • YCJA after age 14 have option for jury for certain offences

3. THE NUMBER OF JUDGES IN ALBERTA

4. WHAT IS A JURY • A person 14 years of age or older may choose to be tried by a judge or jury for certain offences • Juries always have 12 people and all twelve must agree on a verdict • Anyone who is 18 years of age or older and who is a Canadian citizen is eligible for jury duty • Serving on a jury is considered a duty of Canadian citizens

5. JURY DUTY CONSIDERATIONS • All people over 18 may be called • Not everyone is selected • Higher profile case, harder it is harder to find jurors • Interview process under oath • Alternate jurors often utilized • Employers must give time off to for jury duty, but don’t have to pay you • Some groups have an easier time being excused, ex: self employed • Criteria for being excused undue hardship

6. A CARTOON ABOUT JURY HARDSHIP • As you can see from the cartoon, it is the judge who has the ultimate say in determining hardship

7. A CARTOON ABOUT THE JURY SYSTEM Do you think the cartoonist is a fan of the jury system? What evidence would you point to show your opinion? Why would some people attempt to avoid jury duty?

8. ROLES IN CRIMINAL CASE • Prosecution- supplying of evidence that indicate guilt of the accused • Defense- supply evidence that supports innocence of the accused • In the Canadian System the people are represented by crown prosecutors

9. THE ELEMENTS OF THE CRIME In Latin, “alibi” literally means “somewhere else.” In a court of law, it means that someone was in a location distant enough from the scene of a crime that he or she could not have committed the crime, and the individual is therefore innocent. • Motive- why the accused might have committed the crime • Opportunity- could the accused have committed the crime • That is why alibis are important they attack the opportunity element of the crime

10. WHY MANY CASES DO NOT GO TO TRIAL • Plea Bargain- agreeing you are guilty for a reduced sentence, saves time and money for jurors • In theory, a plea bargain may be negotiated at any time after arrest. • Also, if the trial results in a hung jury the prosecution and defense may (and often do) negotiate a plea rather than go through yet another trial. • More than 90% of convictions come from negotiated pleas

11. TYPES OF PLEA BARGAINING • There are three types of plea bargaining, two of which are most commonly used. • Charge bargaining is used when a defendant pleads guilty to a less serious crime than one originally imposed. • Count bargaining is used when the defendant pleads guilty to a fewer number of the charges. • Sentence bargaining is used when the defendant pleads guilty knowing what sentence will be given. • http://www.youtube.com/watch?v=IdbXszvxM9s

12. THE PROS AND CONS OF PLEA BARGAINING: OUR THOUGHTS

13. TERMS ASSOCIATED WITH JURY TRIALS • Sequester- jury is put in isolation for the duration of a trial, designed to keep jury focused on trial, dramatically increases costs http://www.youtube.com/watch?v=WpzxsZVGprk • Jury pool- all potential jurors for a trial • Juror- someone selected for a specific trial from a jury pool • Deliberations- period of time when jury discusses and considers the evidence presented at a trial

14. TERMS ASSOCIATED WITH JURY TRIALS • Hung jury- when a jury is unable to come to a unanimous vote • Mistrial- can result from a hung jury or incorrectly ruled evidence or misconduct juror, results in a new trial • Sentencing- when someone found guilty of a crime finds out the specifics of their penalty • Appeal- when one side or the other feels an error in the law was made during a prior trial

15. JURY OF YOUR PEERS CONCEPT • A jury should be representative of society • Among the demographic considerations • Income • Religion • Gender • Age • Education levels

16. REMOVAL OF POTENTIAL JURORS FOR CAUSE • In the US, this examination and selection process includes a dialogue between the potential jurors and lawyers, in what is called a voir dire (French for "to speak the truth"). • In comparison to the US process, the Canadian voir dire is curtailed significantly, with little dialogue between the lawyers and jury pool. The voir dire is a truth-seeking process where the lawyers try to cleanse the jury pool from any unfair prejudice or bias that may jeopardize the fairness of the proceedings.

17. CHALLENGING A JUROR • This process of removal is called "challenging" the juror. There are two types of challenges: 1) challenges for cause; and 2) peremptory challenges. The first type of challenge is where it is believed that the juror cannot sit as an impartial decision maker. • The second category - principled on the requirements of a fair trial - is reserved for the lawyers to strike a potential juror for almost whatever reason.

18. SOME LOOKS INTO THE JUSTICE SYSTEM • http://criminal.findlaw.com/crimes/criminal_stages/stages-plea-bargains/plea-bargain-pros-and-cons.html • http://resources.lawinfo.com/en/Articles/Plea-Negotiations-Criminal-Lawyer/Federal/the-pros-and-cons-of-plea-bargaining.html