The selection of a jury may take many days – it is called empanelling.

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Presentation transcript:

The selection of a jury may take many days – it is called empanelling.

The process of EMPANELLING: A list of jurors for a session of court is selected; This list is computer generated; Then a committee randomly selects 75 – 100 names; These people are summoned to appear at the court by notice – the more controversial the case, the more people called; The prospective jurors assemble in the courtroom at the start of the trial; A card bearing the name of each person is put into a barrel and are drawn one at a time – the person selected steps forward.

The judge may immediately exempt a person for the following reasons: 1. the person has a personal interest in the matter being tried. 2. the person has a personal relationship with the accused. 3. personal hardship. 4. any other reasonable cause.

The Defence and the Crown then have the right to accept or reject jurors. The lawyers must determine the value a prospective juror might have in a specific case. The lawyers consider each juror`s age, gender, marital status, ethnicity, religion, financial status, occupation, etc. The only questions lawyers can ask prospective jurors are pre-approved by the judge.

The people in the list below are automatically exempted from jury duty: Under 18 years old Not a Canadian citizen An M.P.P. or M.P. or senator or municipal councillor Doctor, nurse, warden, sheriff, prison guard – and their spouses. Blind, or has a mental disability Convicted of an indictable offence Firefighter

The Defence has the right to challenge the first juror. After that, the Crown and the Defence alternate

1. Challenge the Jury list: Rarely used Either side must show that the entire selection process was fraudulent and impartial. (ie. The selection committee omitted all citizens of a specific ethnic group)

2. Challenge for Cause: A juror does not meet the requirements of being a juror. A juror does not speak the language in which the case will be heard.

3. Peremptory Challenge: Allows either side to eliminate a prospective juror without reason.

High Treason or First Degree Murder 20 Challenges Charge where penalty is five years or more 12 Challenges Charge where the penalty is less than four years 4 Challenges