Does this sentence make sense in a court of law https vinecovhjLPOIrZ3xa Jury Selection Empanelling Is the process of selecting the 12 jurors This can take many days Kevin Coe Case The Process ID: 325599
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Slide1
Rob Ford
Does this sentence make sense in a court of law?
https://
vine.co/v/hjLPOIrZ3xaSlide2
Jury SelectionSlide3
Empanelling
Is the process of selecting the 12 jurors
This can take many days
Kevin Coe CaseSlide4
The Process
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.Slide5
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? - articleSlide6
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.Slide7
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. Slide8
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
The judge decides which questions can be asked of prospective jurors.Slide9
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.Slide10
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 fitSlide11
Persons in the following professions do not qualify to serve as jurors:
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 lockupThe warden of a penitentiaryA sheriff or a sheriff's officerArmed 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 offenceSlide12
Compensation
Those persons selected from the jury panel to serve as jurors will receive the following payment:
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.Slide13
The Challenges
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.Slide14
Challenge of Jury List:
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 misconductSlide15
Challenge for Cause:
A formal objection to a prospective juror for specific reasons
Such
as:
formed an opinion on the caseMay not speak and understand English or FrenchAny number of challenges for cause can be made, as long as the judge rules the causes as validIf one side challenges, other side can try to prove the cause is untrueLawyers can make a motion to ask potential jurors about their racial views
Penn State Scandal- Jury SelectionSlide16
Peremptory
Challenge:
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 challengesCharge with penalty of 5 or more years = 12 challengesCharge with penalty of under 5 years = 4 challenges
Zimmerman Trial
– Peremptory ChallengeSlide17
Under what circumstances can a juror leave the jury or be removed? Who replaces the lost member?
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 - articleSlide18
Must all jurors agree on the verdict?
Yes
, it must be unanimous (everyone agrees
)
Calgary Deadlock caseSlide19
What is a hung jury
?
If
the jury cannot reach a unanimous decision the jury will be dismissed
N.S. murder trial- hung jurySlide20
What does it mean when a judge “charges the jury”?
Review
of facts
Defines and explains the law applying to the case
Either side can challenge the charge for legal errorsMany appeals resultSlide21
Jury Deliberation
is
when jurors determine the facts of the
case
One juror is selected as the forepersonJurors discard any evidence they do not believeThey determine the weight they are going to give to the remainder of the evidenceSlide22
Why would an accused person want a trial by jury?
ADVANTAGES OF TRIAL BY JURY
DISADVANTAGES 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
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)
Slide23
The verdict
is
the formal decisions as to whether the accused is guilty or not guiltySlide24
A person will be acquitted (found not guilty) if
the
jury believes the defence evidence, does not know who to believe or if they have reasonable doubt Slide25
FAQ Jury
SelectionSlide26
Read p.189-194 & answer questions #3, 4 &
5 p. 194Slide27
3
) Explain the difference between a peremptory challenge and a challenge for cause
Peremptory challenge both the
defence
and Crown can eliminate a prospective juror
without giving a reason, however, you are limited on the number of challengesChallenge for cause is when the defence or Crown object to a prospective juror for a specific reasonSlide28
4) Describe three grounds on which a prospective juror may be challenged for cause
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.Slide29
5) Explain sequestering, and identify the circumstances under which juries are sequestered.
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