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Jury Selection and Challenges

Jury Selection and Challenges. The Jury Selection. The selection of a jury may take many days – it is called empanelling . The Jury Selection. The process of EMPANELLING: A list of jurors for a session of court is selected; This list is computer generated;

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Jury Selection and Challenges

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  1. Jury Selection and Challenges

  2. The Jury Selection • The selection of a jury may take many days – it is called empanelling.

  3. The Jury Selection • The process of EMPANELLING: • A list of jurors for a session of court is selected; • This list is computer generated; • Then a committee randomly selects 75 – 100 names; • These people are summoned to appear at the court by notice – the more controversial the case, the more people called; • The prospective jurors assemble in the courtroom at the start of the trial; • A card bearing the name of each person is put into a barrel and are drawn one at a time – the person selected steps forward.

  4. The Jury Selection • The judge may immediately exempt a person for the following reasons: • 1. the person has a personal interest in the matter being tried. • 2. the person has a personal relationship with the accused. • 3. personal hardship. • 4. any other reasonable cause.

  5. The Jury Selection • The Defence and the Crown then have the right to accept or reject jurors. • The lawyers must determine the value a prospective juror might have in a specific case. • The lawyers consider each juror`s age, gender, marital status, ethnicity, religion, financial status, occupation, etc. • The only questions lawyers can ask prospective jurors are pre-approved by the judge.

  6. The Jury Selection • The people in the list below are automatically exempted from jury duty: • Under 18 years old • Not a Canadian citizen • An M.P.P. or M.P. or senator or municipal councillor • Doctor, nurse, warden, sheriff, prison guard – and their spouses. • Blind, or has a mental disability • Convicted of an indictable offence • Firefighter

  7. The Challenges to Jury Selection • The Defence has the right to challenge the first juror. • After that, the Crown and the Defence alternate

  8. Three types of Challenges exist • 1. Challenge the Jury list: • Rarely used • Either side must show that the entire selection process was fraudulent and impartial. • (ie. The selection committee omitted all citizens of a specific ethnic group)

  9. Three types of Challenges exist • 2. Challenge for Cause: • A juror does not meet the requirements of being a juror. • A juror does not speak the language in which the case will be heard.

  10. Three types of Challenges exist • 3. Peremptory Challenge: • Allows either side to eliminate a prospective juror without reason.

  11. The number of Challenges is limited: • High Treason or First Degree Murder • 20 Challenges • Charge where penalty is five years or more • 12 Challenges • Charge where the penalty is less than four years • 4 Challenges

  12. CèstFini!

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