Transcript Jury Selection - PowerPoint - Understanding Canadian Law

Rob Ford
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Does this sentence make sense in a court of law?
https://vine.co/v/hjLPOIrZ3xa
JURY SELECTION
Empanelling
Is the process of selecting the 12 jurors
 This can take many days
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Kevin Coe Case
The Process
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First, a list of jurors (usually computer generated)
for the session of court is selected from the list of all
people living in the county.
The Juries Act sets out the process to select juries.
Names of potential jurors are taken from the most
recent enumeration (voters) lists that the Ministry
obtains from the Municipal Property Assessment
Corporation.
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From this list a selection committee randomly picks 75 to
100 names (more for a controversial case). These
people are summoned to appear at the court by notice
from the sheriff.
Anyone who does not appear can have a warrant
issued against them and can be criminally charged.
Who to blame for juror no shows- article
Unfair burden or civil obligation? - article
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The prospective jurors assemble in the courtroom at
the start of trial and a card bearing the name of
each person is put in a barrel. After the barrel is
shaken, the cards are drawn one at a time, and the
person selected steps forward.
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A judge may exempt a person who has a personal
interest in the matter to be tried, a relationship with
a participant, or a personal hardship.
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As well, a judge may direct a juror, for reasons of
personal hardship or any other reasonable cause, to
stand aside. If the jury cannot be selected from the
remaining prospective jurors, those who were asked to
stand aside will then be called.
 Sickness
 Family
problems
 Going on vacation
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The judge decides which questions can be asked of
prospective jurors.
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In selecting a jury, the Crown and defence must
consider what the value system of a prospective
juror might be, given the facts of the case (ie. Views
of an older female, young bachelor, feminist)
Ethnicity, religion, age, financial status, occupation,
sexual orientation, intelligence, and gender are only
a few of the characteristics to be considered.
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Some people are automatically exempt from jury
duty. Some examples are: anyone under 18 or
over 69 years of age, any salaried official of a
government, police officers, doctors (considered
medical expert), lawyers, anyone who has served on
a jury within the preceding two or three years…
and more.
Must be mentally fit
Persons in the following professions do
not qualify to serve as jurors:
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A legally qualified medical practitioner, coroner or veterinary surgeon who is actively
engaged in practice
A police officer
A firefighter regularly employed by a fire department
A superintendent, jailer or keeper of a prison, correctional institution or lockup
The warden of a penitentiary
A sheriff or a sheriff's officer
Armed forces personnel of the regular and special forces and members of the reserve
forces on active service
A barrister (another form of lawyer) and/or solicitor (deals with legal matter) or a
student-at-law
An officer of a court of justice
A judge or a justice of the peace and their spouse
A member of the Privy Council of Canada, the Executive Council of Ontario, the
Senate, the House of Commons or the Assembly
Visually Impaired
Convicted of an indictable offence
Compensation
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Those persons selected from the jury panel to serve as jurors will receive the
following payment:
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From day 1 to 10: No fee
From day 11 to 49: $40.00 per day
From day 50 to the last day of trial: $100.00 per day. Trials of this length are
rare.
Jurors who live outside the city in which the courthouse is located will be
paid a daily travel expense once serving as a juror. Jurors residing in the
same city as the courthouse are not paid a travel allowance.
Employers are required by law to allow employees time off for jury duty.
The law does not require employers to pay salary for employees
summoned for jury duty, although some employers do. Speak with your
employer to determine if they have a policy to pay people absent from
work for jury duty.
As a member of a jury panel or as a selected juror there is no allowance
for childcare expenses.
The Challenges
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There are three times that lawyers can challenge a
choice for jury duty.
Using the textbook (pages 189-190) describe what
each of the following means.
Challenge of Jury List:
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Either side can challenge the validity of the jury list
Rarely done
Only succeed if there is evidence that the sheriff or
selection committed was fraudulent, biased, or
showed wilful misconduct
Challenge for Cause:
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A formal objection to a prospective juror for specific
reasons
Such as:
formed an opinion on the case
 May not speak and understand English or French
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Any number of challenges for cause can be made, as
long as the judge rules the causes as valid
If one side challenges, other side can try to prove the
cause is untrue
Lawyers can make a motion to ask potential jurors
about their racial views
Penn State Scandal- Jury Selection
Peremptory Challenge:
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A formal objection to a potential juror for no specific
reason
Allows both defense and Crown to eliminate a potential
juror with no reason
Number of peremptory challenges allowed:
 Serious
charges ie. First degree murder = 20 challenges
 Charge with penalty of 5 or more years = 12 challenges
 Charge with penalty of under 5 years = 4 challenges
 Zimmerman
Trial – Peremptory Challenge
Under what circumstances can a juror leave the jury or be
removed? Who replaces the lost member?
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A juror can only leave because of medical reasons,
or a death in the family
A criminal jury can run with only 11 jurors. The juror
is not replaced
If two jurors leave, the judge will decide if a mistrial
is appropriate
Call for mistrial - article
Must all jurors agree on the verdict?
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Yes, it must be unanimous (everyone agrees)
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Calgary Deadlock case
What is a hung jury?
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If the jury cannot reach a unanimous decision the
jury will be dismissed
N.S. murder trial- hung jury
What does it mean when a judge
“charges the jury”?
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Review of facts
Defines and explains the law applying to the case
Either side can challenge the charge for legal errors
Many appeals result
Jury Deliberation
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is when jurors determine the facts of the case
One juror is selected as the foreperson
Jurors discard any evidence they do not believe
They determine the weight they are going to give to
the remainder of the evidence
Why would an accused person want
a trial by jury?
ADVANTAGES OF TRIAL BY
JURY
 Involves the public in the
administration of justice
 Judge not the only one making
deciding
 People from varied backgrounds
 May base decisions on social values
 Decision from a fresh perspective
DISADVANTAGES OF TRIAL
BY JURY
 Judges may be less prejudiced
 Legal technicalities may confuse jurors
 Judges make decisions based on facts
and the law
 Present reasons for the decision (can
help to determine grounds for an
appeal)
The verdict
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is the formal decisions as to whether the accused is
guilty or not guilty
A person will be acquitted (found not
guilty) if
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the jury believes the defence evidence, does not
know who to believe or if they have reasonable
doubt
FAQ Jury Selection
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Read p.189-194 & answer questions
#3, 4 & 5 p. 194
3) Explain the difference between a peremptory
challenge and a challenge for cause
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Peremptory challenge both the defence and Crown
can eliminate a prospective juror without giving a
reason, however, you are limited on the number of
challenges
Challenge for cause is when the defence or Crown
object to a prospective juror for a specific reason
4) Describe three grounds on which a prospective
juror may be challenged for cause
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A prospective juror may be challenged for cause if
he or she does not meet the requirements for being
a juror, does not speak the language in which the
case is being tried, or has formed an opinion about
the case.
5) Explain sequestering, and identify the
circumstances under which juries are sequestered.
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Sequestering means that jurors are allowed contact
only with one another and court officials.
It usually means they stay overnight in a local hotel
until they reach a verdict. Juries can be sequestered
for the entire trial, but this is unusual.
After the jury has been directed to reach a verdict,
jurors are always sequestered