Juries and Jury Selection

1. Juries and Jury Selection

2. When do we use Jury trials? • Jury trials are required for the more serious indictable offences • The accused has the right to choose trial by judge or jury

3. Advantages of Trial by Jury • i) Defense needs to say only one of the jurors in the accused’s favor (decisions must be unanimous) • ii) A good argument may have a greater influence on a jury than an experienced judge • iii) Jury might decide a case in accordance with social values of the time, rather than precedent • iv) Jury might feel more empathy for accused compared to a judge

4. Disadvantages • i) Jury might bring prejudice to task (poorly dressed, child abuse, drugs) • ii) May not understand the legal technicalities involved in the case • iii) Judge makes decision based on the facts and the law rather than persuasive skills of a lawyer

5. Exemptions • i) personal interest in a case • ii) relationship with a participant of the court • iii) personal hardships

6. Exclusions • i) members of the legislature or municipal government • ii) judges, justices, lawyers or law students • iii) peace officers or their spouses • iv) Blind, mental or physically disabled that would seriously impair their ability • V) Anyone convicted of a serious offence

7. The Challenges • The defense has the right to challenge the first juror: then it is alternated

8. Challenges of Jury List • CHALLENGE OF THE JURY LIST • Either side can challenge the entire jury list on the grounds that the sheriff or selection committee was fraudulent, partial or showed willful misconduct in the selection of prospective jurors • Ex. All white jury list

9. Challenge for Cause • Either side can challenge a potential juror if they believe that an opinion has already been formed, is physically unable to perform the duty, experiences difficulty with the language, or has been convicted of a serious offence • The judge rules if the causes is valid • There is no limit to the number of challenges for cause

10. Peremptory Challenge • Either side is allowed to eliminate a prospective juror without giving a reason • The number of peremptory challenges are limited according to the charge • Examples • 1st degree murder/treason = 20 challenges • Penalty of 5 years or more = 12 challenges • Penalty under 5 years = 4 challenges

11. Jury’s Duties • See note

12. Sequestering the Jury • The judge may order that the jury be isolated from their families, friends and work • Jurors may only speak to one another and court officer appointed to look after them • Purpose is to prevent jurors from being influenced by outside interests – verdict reached will be solely on the evidence presented in court • Jurors are always sequestered when they retire to reach a verdict – however long it takes

13. Discharging a Juror • Can occur at any time during a trial if unable to continue for valid reasons • The jury may not be reduced below 10 jurors or a new trial must be ordered • Jurors are entitled to payment ($40/day) – amount can increase if long trial

14. Activity • Suppose you are either the Crown or defense counsel preparing to select a jury for the murder trial outlined • All that is known about potential jurors before jury selection takes place is the person’s name, address and occupation

15. The Offence • A professional hockey player from Eastern Europe, aged 28, has lived in Canada for the past 10 years. He has been charged with murdering his Canadian-born wife, aged 27, after he came home drunk and stabbed her repeatedly. The woman was employed by a previous law firm, where she had enjoyed considerable success. The accused had a lucrative contract with a Canadian hockey team, but the contract had expired and the team was not going to re-sign him.

16. Factor to Consider for Jury Selection • Age • Young people have different experiences and may be more flexible in their beliefs than older people • Wealth • Research shows that wealthy people are more sympathetic toward the Crown, the poor toward the defense • Occupation • Choice of occupation may give clues about the person’s lifestyle and level of education

17. Factors to Consider for jury selection • Unemployed males • Research shows the unemployed males between the ages of 20 and 30 tend to favour the accused • Ms., Miss., or Mrs • Research shows that one’s preference for ‘Mrs’ may suggest conservative attitudes, whereas “Ms.” may suggest more liberal attitudes

18. The Task • A) select the final five jurors from the list provided and list them in order of preference • B) compare your list with that of a partner and be able to defend your choice of jurors, and • C) explain to your partner why you rejected the other five jurors