Evidence Debates The debates that were recorded have been marked and are in Powerschool Monday Make UP Debate Conclusions Is there a compromise possible between the two forms of evidence ID: 509989
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Slide1
Jury SelectionSlide2
Evidence Debates
The debates that were recorded have been marked and are in
Powerschool
.
Monday Make UP….
Debate Conclusions:
Is there a compromise possible between the two forms of evidence?
One supports the other. While physical evidence is more reliable, and often necessary for conviction witness evidence can provide context and support/ confirm the physical evidence. Slide3
Rob Ford – A Natural Segway
Confessions…Physical Evidence….?
“Not only are [police] not obligated, they absolutely couldn’t charge him for something he’s done for which they have no evidence of,” he said. “The fact that he [may have] admitted publicly…to drinking and driving is not evidence.”
He added having drug use on video and proving what it is in a court of law are two separate things.
“To prove it, they would need the crack pipe, they would need at least some crack residue, they would need him with the pipe,” if the allegations were true, he said
Never taken to courtCourt of Public OpinionSelecting a Jury- The trials and tribulations…..Slide4
Empanelling
Is the process of selecting the 12 jurors
This can take many days
Kevin Coe CaseSlide5
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.Slide6
NO shows…
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.
Every person who
(a)
is required to complete and return a juror information form and, without reasonable excuse, fails to do so;
(b)
without reasonable excuse, gives false or misleading information in a juror information form or in an application to be excused from service as a juror;
(c)
is summoned to attend and, without reasonable excuse, fails to obey the summons or fails to answer when called by the jury co-ordinator; or
(d)
contravenes any other provision of this Act,
is guilty of an offence and liable on summary conviction to a penalty of not more than one thousand dollars.Slide7
Who to blame for juror no shows- article
:
"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
.“
Quebec’s justice ministry says in Montreal, absenteeism is about 20 to 25 per cent. Saskatchewan doesn’t track absenteeism, but sends out extra summonses in anticipation that 30 per cent will fail to appear.Unfair burden or civil obligation? - article
Civil Responsibility?Slide8
Unfair burden or civil obligation? - article
Lengthy trial proceedings such
take
a financial toll on the men and women who serve on juries
.
Compensation is not commensurate with what jury members would make in their work life, and serving on a jury comes with related expenses such as child care and travel that are usually not reimbursed at all or only partially.$40/ day after 11th day$100/ day after 25th day
most jurors get nothing more than a guarantee — mandated by law — that their job will be there when they get back to work at the end of the trial.Slide9
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.Slide10
That being said…
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.Slide11
Excusing Jurors
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.
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 vacationThe judge decides which questions can be asked of prospective jurors.Slide12
Jury bias
In selecting a jury, the Crown and defense 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.George Zimmerman Trial Obama’s Opinion (approx. 4.30 mins)George Zimmerman Jury Selection Slide13
Exemptions
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 fitSlide14
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 serviceA 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 offenceSlide15
Jury challenges
Process of selection-challenges to the jurySlide16
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 misconductSlide17
The Challenges
There are
two other
times that lawyers can challenge a choice for jury
duty
during the selection process.Using the textbook (pages 173-174) describe what each of the following means:Challenge for CausePeremptory ChallengeSlide18
Challenge for Cause:
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 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 viewsPenn State Scandal- Jury SelectionSlide19
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 challengesKind of like a vetoSlide20
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 replacedIf two jurors leave, the judge will decide if a mistrial is appropriateCall for mistrial - articleSlide21
Must all jurors agree on the verdict?
Yes
, it must be unanimous (everyone agrees
)
Calgary Deadlock caseSlide22
What is a hung jury?
If
the jury cannot reach a unanimous decision the jury will be dismissed
N.S. murder trial- hung jurySlide23
What does it mean when a judge “charges the jury”?
The judge's instructions to the jury concerning the law that applies to the facts of the case on trial.
The opinion expressed by the court to the jury, on the law arising out of a case before them.
It should contain a clear and explicit exposition of the law, when the points of the law in dispute arise out of the facts proved on the trial of the cause but the court ought at no time to undertake to decide the facts, for these are to be decided by the jury.Slide24
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 evidenceSlide25
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)
Slide26
The verdict
is
the formal decisions as to whether the accused is guilty or not guilty
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 Slide27
1)
Explain the difference between a peremptory challenge and a challenge for cause
Peremptory challenge both the
defense
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 defense or Crown object to a prospective juror for a specific reasonSlide28
2)
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
3)
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