THE ROLE OF THE JURY

CLU3M: Criminal Law

The Jury• Fundamental part of our justice system

• 12 people, chosen at random to decide the fate of a human being

• Random people, in an unfamiliar setting, where they listen and observe a real life drama

• Afterward, they deliberate in secret and return a verdict where they don’t have to give their reasons

• Hard task with massive responsibility

Qualifications• Each province has their own rules for qualifications

• Most provinces have a few of the same qualifications- 18 years of age, resident of the province for at least one year

• Certain public and emergency occupations are removed from the potential list- politicians, justice system workers, lawyers, prison guards, etc…

• Exemptions are available if reasonable

Jury Selection• Electoral polling lists

• Jurors drawn from the list are called a jury panel

• The number of the jury panel differs depending on the crime and area

• Once people receive their letters, they arrive at the court for the arraignment- where the accused enters a plea of guilty or not guilty

• If it is a guilty plea- no jury is required• If it is a not guilty plea- the Crown and the defence begin

empaneling (selection process)

Jury Selection• 7 steps to empaneling:

1. Name of the panel are written on cards and put into a box and pulled at random- selected names are read in court

2. The person whose name is called comes forward and faces the accused and the judge

3. The potential juror may be asked questions from both the defence and the Crown

4. Crown and defence either object to a potential juror or allow a potential juror- They have two options for objecting

Jury Selection5. Challenge for cause- either counsel believes that the juror has already formed an opinion on the case or is physically unable to perform the duties of a juror or has been convicted of a serious offence

*unlimited challenge for cause

6. After a potential juror is found to be suitable and impartial, both counsels can still reject a person- peremptory challenge- no reason for rejecting

20, 12 and 4 peremptory challenges (challenge for no reason) depending on the charge

7. Once 12 juror’s are selected they take the juror’s oath