The Role of the Jury

Document Sample
The Role of the Jury Powered By Docstoc
					The Role of the Jury

 Fundamental to our
 justice system
 12 people are
 chosen at random
 for a criminal trial
 Will listen to
 testimony in a
 courtroom to
 determine guilt
 beyond a
 reasonable doubt or
People who can be Jurors:
 Must be a Canadian citizen, at least 18 years old, and a
  resident of the province for at least one year

People who cannot be Jurors:
 Elected officials and people working in the justice system such
  as lawyers, police, and probation officers cannot serve as
  jurors, or are attending law school

 Officers and non-commissioned members of the military or

 Have been convicted of a crime and spend two or more years
  in prison
                    Jury Selection
 Potential jurors in Nova Scotia are
  selected from the Health Registration
 A large group of randomly selected
  citizens from which a jury is selected
  from is known as a jury panel
 Arraignment is the first stage of a
  criminal trial in which the court clerk
  reads the charge and the defendant
  enters a plea
 The accused is brought before a
  judge and jury panel for arraignment
  to enter a guilty or not guilty plea
 If the plea is not guilty jurors will then
  be selected from the jury panel by the
  Crown and defence attorney
                   Jury Selection

Steps:                                Challenge for a cause is
                                       the right of the crown or
1)   Potential jurors names from       the accused to exclude
                                       someone from a jury for
     jury panel are randomly drawn     a particular reason such
2)   Person drawn goes before the      1)   Already has formed an
     court and faces the accused            opinion about the case
                                       2)   Physically unable to
3)   Crown and defence may                  perform jury duty
     object to a potential juror       3)   Has been convicted of a
                                            serious offence
4)   Either counsel may make a        Each side is given an
     challenge for a cause             unlimited number of
                                       challenges for a cause
                  Jury Selection
                                A peremptory challenge is the right
Steps:                           of the crown or the defence to
                                 exclude someone from a jury
5)   A juror could be            without providing a reason
     accepted as suitable
                                Trial is an adversarial process with
     and impartial but still     the state being the more powerful
     dismissed by the            party – gives the accused to say “I
                                 really don’t want that person.”
     Crown or defence
     with a peremptory          20 challenges are given to each
     challenge                   side for serious cases such as
                                 murder and treason
6)   The 12 selected
                                Less serious cases where the
     jurors take the juror’s     sentence will be less than five
     oath                        years in prison, only 12 challenges
                                 are granted
            Jury Selection

   A reason for the
peremptory challenge

Shared By: