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THE JURY & 3 RD PARTY INTERVENERS BLAW WAS HERE

THE JURY & 3 RD PARTY INTERVENERS BLAW WAS HERE. Law 12. 3 rd Party intervener. A group, not associated with either the prosecution or the defence Often called “special interest” groups as they tend to focus on a specific topic BC Civil Liberties (civil rights) MADD (drinking and driving)

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THE JURY & 3 RD PARTY INTERVENERS BLAW WAS HERE

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  1. THE JURY & 3RD PARTY INTERVENERS BLAW WAS HERE Law 12

  2. 3rd Party intervener • A group, not associated with either the prosecution or the defence • Often called “special interest” groups as they tend to focus on a specific topic • BC Civil Liberties (civil rights) • MADD (drinking and driving) • Intervene in cases that relate to their “special interest” • Offer the court unique perspective in an effort to influence the outcome of the case

  3. JURY SELECTION (empanelling) • first, a computer generates a list of about 75-100 potential jurors • they are summoned to court by the sheriff • and can be charged if they don’t appear! • Any French or English speaking Canadian citizen aged 18-69 can be called to serve on a jury • but, there are some exceptions! • Consider the purpose of a jury: a panel of one’s peers to make an impartial determination of guilt or innocence. Who should be excluded?

  4. JURY SELECTION • People usually exempted from jury duty: • members of federal, provincial, or municipal governments • judges, justices of the peace, lawyers, law students • doctors, coroners, veterinarians • law enforcement officers and their spouses • people who are visually impaired or disabled in a way that would interfere with serving jury duty • anyone who has served on a jury in the past 2 to 3 years • anyone who has been convicted of an indictable offense and not pardoned

  5. JURY SELECTION • the jury is chosen by the defense and prosecution • as each potential juror is called forward, the defense and prosecution can accept them or reject them using these challenges: • Challenge of Jury List – claim that the list of potential jurors was made unfairly • Challenge for Cause – claim that a juror does not meet requirements • Peremptory Challenge – allows either side to eliminate a juror without cause, but they only get a limited number • 20 for treason/1st degree murder • 12 if penalty is over 5 years • 4 if penalty is under 5 years

  6. JURY SELECTION • judges can exempt jurors based on the following factors: • personal interest in the case • Such as living near the location of the offense, having been victim of a similar crime, have suffered damage or harm as a result of the offense… • relationship with a trial participant • Includes business, personal, familial… • “trial participants” includes the accused, but also judge, other jurors, lawyers, witnesses… • personal hardship • Financial hardship, need to care for dependents, health factors… • In the end, 12 jurors are chosen to serve…

  7. JURY DUTY • Jurors are usually allowed to go home at the end of the day, but can be SEQUESTERED (isolated from everyone but each other and a court officer) if necessary during a case • juries are always sequestered when they retire to reach a verdict • A jury must reach a unanimous decision; if they are unable to, they are a “hung jury” and a new trial may have to be ordered • The judge will try to give the jury more directions and ask them to keep trying for as long as possible • Jurors must NOT: discuss the case with non-jurors, read/see media about the case, or share any jury discussions (except with the court if required by the judge)

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