The Role of the Jury B. Hergott R.C.S.S. Law

Learning Goals I can explain key aspects of the criminal trial process, including jury selection and rules about the admissibility of evidence and the burden of proof I can describe the role of people involved in a criminal trial (e.g., lawyer, judge, jury, duty counsel, Crown attorney)

In Ontario Between April 1, 2009 and March 31, 2010 Of more than 600,000 criminal charges filed 513 criminal indictments disposed of by jury 340 by judge alone. In the same period, out of 97,266 new civil proceedings initiated, 2,096 were disposed of by jury and 3,053 by judge alone.

Juries Fundamental to our justice system Fundamental to our justice system 12 people are chosen at random for a criminal trial (also two alternates) 12 people are chosen at random for a criminal trial (also two alternates) Will listen to testimony in a courtroom to determine guilt beyond a reasonable doubt or innocence Will listen to testimony in a courtroom to determine guilt beyond a reasonable doubt or innocence

Qualifications People who can be Jurors: Must be a Canadian citizen, at least 18 years old, and a resident of the province for at least one year People who cannot be Jurors: Elected officials and people working in the justice system such as lawyers, police, correctional officers and probation officers cannot serve as jurors, or are attending law school Officers and non-commissioned members of the military or reserves Have been convicted of a crime and spend two or more years in prison

Jury Selection Potential jurors in Ontario are selected from the Voters List which is compiled every 4 years jury panel A large group of randomly selected citizens from which a jury is selected from is known as a jury panel Arraignment Arraignment is the first stage of a criminal trial in which the court clerk reads the charge and the defendant enters a plea The accused is brought before a judge and jury panel for arraignment to enter a guilty or not guilty plea If the plea is ‘not guilty’ jurors will then be selected from the jury panel by the Crown and defence attorney

Selecting Zimmerman Jury

Jury Selection Steps: 1) Potential jurors names from jury panel are randomly drawn 2) Person drawn goes before the court and faces the accused 3) Crown and defence may object to a potential juror challenge for a cause 4) Either counsel may make a challenge for a cause Challenge for a cause Challenge for a cause is the right of the crown or the accused to exclude someone from a jury for a particular reason such as: 1)Already has formed an opinion about the case 2)Physically unable to perform jury duty 3)Has been convicted of a serious offence Each side is given an unlimited number of challenges for a cause

Jury Selection Steps: peremptory challenge 5) A juror could be accepted as suitable and impartial but still dismissed by the Crown or defence with a peremptory challenge 6) The 12 selected jurors take the juror’s oath peremptory challenge A peremptory challenge is the right of the crown or the defence to exclude someone from a jury without providing a reason Trial is an adversarial process with the state being the more powerful party – gives the accused to say “I really don’t want that person.” 20 challenges are given to each side for serious cases such as murder and treason Less serious cases where the sentence will be less than five years in prison, only 12 challenges are granted

Jury Selection A reason for the peremptory challenge

Lots of no-shows! In Ontario, a person can be held in contempt of court if, without reasonable excuse, they do not attend when summonsed. There's no set penalty for failing to show up, though in some provinces no-shows can be fined up to $1000. Sitting jurors aren't compensated for the first 10 days of a trial. From day 11 to 49, it’s $40 a day. After day 50, it’s $100 a day.

A judge comments on lack of interest in Jury ‘Duty’ "It's a duty to participate. But not everybody apparently understands that," said Justice Kennedy. "We haven't been asked to do that much. When we are asked, we don't vote, we don't show up for jury duty. We are a flabby, sad generation." "But I do think we fall short on the educational process on how important jury trials are to the foundation of our system. And they are the foundation of our system."

Why does it matter? "There’s not enough emphasis on why we should be on jury duty," he said. “Canadians need to understand that there must be a large enough panel of prospective jurors to choose from to ensure a fair trial by a jury of one's peers.” "If there aren't, then there's of course the risk that the jury won't be able to be empanelled in a timely fashion, that more extreme measures will have to be used in order to make sure that there is an appropriate size jury. And there's a risk of delay and then of course the risk of an unfair trial."

Factors to Consider for Jury Selection Age (young people have different experiences and might be more flexible) Wealth(wealthy people tend to support the Crown) Name (could indicate nationality/ethnicity) Occupation (gives clues about lifestyle and level od education) Unemployed males (between age tend to favour the accused) Ms., Miss or Mrs. – Mrs. suggests traditional, conservative attitudes where Ms. Could be more liberal

Application of Jury Selection Criteria Use the criteria on the previous slide to build a profile of jurors who would be good for your jury: A 28-year-old professional hockey player from Eastern Europe has lived in Canada for the past 10 years. He has been charged with murdering his 27-year-old Canadian born wife after he came home drunk and stabbed her repeatedly. The woman was employed by a famous law firm, where she had enjoyed good success. The accused had a rich contract with a Canadian hockey team, but the contract had expired and the team was not going to re-sign him.

Province/Territory Jury fee (per day of trial, not including expenses) Ont. Day 1-10: $0 Day 11-49: $40 Day 50-end: $100 Alta. $50 B.C. Day 1-10: $20 Day 11-49: $60 Day 50-end: $100 Que. $90 P.E.I. $40 N.B. Day 1-10 $40 Day 11-end: $80 N.S. $40 Sask. $80 Yukon$80 Nunavut$40 N.W.T. $80 N.L. Employer required to pay regular wages and benefits Man. Day 1-10: $0 Day 11-end: $30