THE ROLE OF THE JURY

Law 120 Trial ProceduresEssential Learning – Students will be able to understand and evaluate the jury system

JUROR QUALIFICATIONS

Must be a Canadian citizen over age of 18

Must be resident of the province in which they are to serve for at least a year

JUROR EXEMPTIONS The following is a list of those who are

ineligible to serve as jurors:

Members and clerks of the Senate and the House of Commons of Canada, Legislative Assembly, or the Lieutenant Governor and their spouses

Anyone who works in the administration of justice (for example, a peace officer or employee of the provincial or federal departments of justice) and their spouses

Lawyers and other officers of the Courts and their spouses

Persons convicted of an offence under the Criminal Code the Food and Drugs Act or the Narcotic Control Act, unless they have obtained a pardon.

JUROR EXEMPTIONS (CONTINUED)

Ordained ministers, priests or clergymen licensed to perform marriages in the Province

members of religious orders vowed to live only in a convent, monastery or other like religious community

Duly qualified medical and dental practitioners

Veterinarians

Military personnel on active service

Firefighters

EXEMPTIONS FROM JURY DUTY

Religious/health issues

Financial hardship (unable work during trial)

Served on a jury within last two years

Applications must be made to the sheriff

JURY SELECTION

Potential jurors selected at random from electoral polling lists – provides cross-section of society.

Group of potential jurors called a jury panel

accused brought before judge and jury panel for arraignment to enter plea guilty/not guilty

JURY SELECTION (CONTINUED) If guilty plea, jury is not required.

If not guilty, Crown and defence counsels select jurors from jury panel under judge’s supervision

Selection process Names of people on jury panel written on

cards; put into box and drawn at random.

Person chosen goes to front of court/faces accused.

Either Crown or defence can object to potential juror by challenging the individual.

CHALLENGING A JUROR

Challenge for Cause If counsel believes the potential juror:

Has already formed an opinion on the case Is physically unable to perform the duties

of a juror Has been convicted of a serious offence

Each side has an unlimited number of challenges for cause.

CHALLENGING A JUROR (CONTINUED)Peremptory Challenge After juror is selected, Crown or

defence can still reject him/her using peremptory challenges – no reason needed – veto

Number of challenges depends on seriousness of offence: First degree murder or treason – 20

challenges penalty is greater than 5 years in prison –

12 challenges penalty is less than 5 years in prison – 4

challenges

BEING ON THE JURY After being selected, each juror is sworn in

and then sits in the jury box. Prospective jurors who were not selected can leave, but they may have to return for later trials held during that session of the court.

At the start of the trial, the judge informs jurors of their duties. They may or may not take notes, depending on the judge or the jurisdiction. In all trials, jurors may NOT: discuss the case with anyone other than other

jurors follow media reports about the case disclose any information from the jury discussions

that is not revealed in open court.

SEQUESTERING A JURY During most trials, jurors go home at the

end of the day.

The judge may sequester the jury for the entire trial. This means the jury is housed and fed away from home until they reach a formal decision – the verdict.

Jurors are isolated from families, friends and work and can communicate only with one another and the court officer appointed to look after their needs.

PURPOSE OF SEQUESTRATION

Sequestering is used to prevent jurors from being influenced by outside information or by anyone with an interest in the case.

Therefore, the verdict should be based solely

on evidence presented in court.

In all trials, jurors are sequestered when they retire to reach a verdict.

JUROR DISCHARGE, PAYMENT & FAILURE TO APPEAR PENALTY

A juror can be discharged during a trial if he or she is unable to continue for a valid reason.

If the jury falls below 10 jurors a new trial must be ordered.

Jurors may be entitled to a token payment for their services ($20 half day/ $40 full day plus meals & travel expenses)

Jury duty is considered a civic responsibility. Failure to appear can lead to a Contempt of Court charge and a possible fine of up to $1000.

CASE – R V. PIETRANGELO Pietrangelo was charged with attempted murder and

assault with a weapon. The accused represented himself at trial. At the outset of the trial, Pietrangelo indicated he wished to challenge potential jurors for cause – for partiality. Pretrial publicity had been substantial because the victim was the local mayor. At the suggestion of the Crown, instead of allowing the accused to challenge for cause, the trial judge addressed the entire jury panel under s. 632 (c) of the Criminal Code and asked whether any potential jurors might have been influenced by pretrial publicity. A number of jurors came forward and were excused on that basis. Pietrangelo was not allowed to challenge for cause those remaining on the panel regarding the question of bias.

CASE – R V. PIETRANGELO (CONT)

Did the trial Judge make a mistake in refusing Pietrangelo the opportunity to challenge prospective jurors for cause?

CASE – R V. PIETRANGELO (CONT)

The Court of Appeal ruled that the trial judge did make a mistake in law by refusing the defendant’s request to challenge potential jurors for cause. The trial judge’s statutory power under s. 632 (c) cannot prevent the accused from making his/her own challenge for cause where proper grounds exist, as they did in this case. This type of error warranted a new trial.

CASE – R V. PIETRANGELO (CONT)

Questions: 1. Why did Pietrangelo want to challenge

for cause instead of making peremptory challenges?

2. Given the pre-trial publicity associated with this case, do you think it would be possible to find 12 impartial jurors in the community where the alleged offence took place? Why or why not?