Unit 4 Legal Studies

Overview of the Jury System

Number of Jurors

12 jurors for each trial (15 for longer trials) 6 jurors for each civil trial

Selection of Jurors

Jurors are randomly selected from the electoral rolls

Jurors cannot be required to be on jury duty more than once per year.

Qualifications of Jurors

18 years of age or older Conversant in English language Not be convicted of an indictable offence Others????

What is Jury ?

12 people > randomly picked safeguard of abuse of justice represent a spreading of authority Lowers the risk of prejudice or bias the accused has a right to challenge

individual members against apparent bias locked up together in a jury room to prevent

communication with outsiders

Juries’ Responsibilities in Criminal Cases

To determine whether defendant is guilty or not guilty

Jury’s verdict must be unanimous, except? Prosecutor must prove defendant’s guilt

beyond a reasonable doubt Juries are not responsible for sentencing in

criminal cases

Juries’ Responsibilities in Civil Cases

To determine the level of damages to be awarded

must be agreed upon by a majority of the jurors(5 of 6)

Plaintiff must prove its case on the balance of probabilities

Jury in civil and criminal case

Civil case Criminal case

*assess and determine an award of damages

* the decision rests primarily with plaintiff

↓↓↓*defendant may also choose to have a jury

empanelled.

→No jury ←when the accused

pleads guilty

Advantages of Trial by Jury

protect the individual from the judicial power community values and standards

>> better ideas of this than a judge. general public is more likely to have faith in

the jury’s decision

Disadvantage of Trial by Jury

take much longer than summary hearings

cost soars when the jury has to be discharged

Jury service is too great to place on ordinary people

Disadvantage of Trial by Jury

stronger personalities can overrule more timid jurors

Decision making process is secret

juries are not truly representative

Disadvantage of Trial by Jury

Juries tend to favors the accused

Pre-trial publicity can bias jury

jurors are easily swayed by fast-talking lawyers