Unit 4 Legal Studies Overview of the Jury System

Number of Jurors 12 jurors for each trial (15 for longer trials) 6 jurors for each civil trial

Selection of Jurors Jurors are randomly selected from the electoral rolls Jurors cannot be required to be on jury duty more than once per year.

Qualifications of Jurors 18 years of age or older Conversant in English language Not be convicted of an indictable offence Others????

What is Jury ? 12 people > randomly picked safeguard of abuse of justice represent a spreading of authority Lowers the risk of prejudice or bias the accused has a right to challenge individual members against apparent bias locked up together in a jury room to prevent communication with outsiders

Juries’ Responsibilities in Criminal Cases To determine whether defendant is guilty or not guilty Jury’s verdict must be unanimous, except? Prosecutor must prove defendant’s guilt beyond a reasonable doubt Juries are not responsible for sentencing in criminal cases

Juries’ Responsibilities in Civil Cases To determine the level of damages to be awarded must be agreed upon by a majority of the jurors(5 of 6) Plaintiff must prove its case on the balance of probabilities

Jury in civil and criminal case Civil caseCriminal case *assess and determine an award of damages * the decision rests primarily with plaintiff ↓↓↓ *defendant may also choose to have a jury empanelled. →No jury ← when the accused pleads guilty

Advantages of Trial by Jury protect the individual from the judicial power community values and standards >> better ideas of this than a judge. general public is more likely to have faith in the jury’s decision

Disadvantage of Trial by Jury take much longer than summary hearings cost soars when the jury has to be discharged Jury service is too great to place on ordinary people

Disadvantage of Trial by Jury stronger personalities can overrule more timid jurors Decision making process is secret juries are not truly representative

Disadvantage of Trial by Jury Juries tend to favors the accused Pre-trial publicity can bias jury jurors are easily swayed by fast-talking lawyers