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Jury Selection and Challenges. The Jury Selection. The selection of a jury may take many days – it is called empanelling . The Jury Selection. The process of EMPANELLING: A list of jurors for a session of court is selected; This list is computer generated;

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Jury selection and challenges

Jury Selection and Challenges

The jury selection
The Jury Selection

  • The selection of a jury may take many days – it is called empanelling.

The jury selection1
The Jury Selection

  • The process of EMPANELLING:

  • A list of jurors for a session of court is selected;

  • This list is computer generated;

  • Then a committee randomly selects 75 – 100 names;

  • These people are summoned to appear at the court by notice – the more controversial the case, the more people called;

  • The prospective jurors assemble in the courtroom at the start of the trial;

  • A card bearing the name of each person is put into a barrel and are drawn one at a time – the person selected steps forward.

The jury selection2
The Jury Selection

  • The judge may immediately exempt a person for the following reasons:

  • 1. the person has a personal interest in the matter being tried.

  • 2. the person has a personal relationship with the accused.

  • 3. personal hardship.

  • 4. any other reasonable cause.

The jury selection3
The Jury Selection

  • The Defence and the Crown then have the right to accept or reject jurors.

  • The lawyers must determine the value a prospective juror might have in a specific case.

  • The lawyers consider each juror`s age, gender, marital status, ethnicity, religion, financial status, occupation, etc.

  • The only questions lawyers can ask prospective jurors are pre-approved by the judge.

The jury selection4
The Jury Selection

  • The people in the list below are automatically exempted from jury duty:

    • Under 18 years old

    • Not a Canadian citizen

    • An M.P.P. or M.P. or senator or municipal councillor

    • Doctor, nurse, warden, sheriff, prison guard – and their spouses.

    • Blind, or has a mental disability

    • Convicted of an indictable offence

    • Firefighter

The challenges to jury selection
The Challenges to Jury Selection

  • The Defence has the right to challenge the first juror.

  • After that, the Crown and the Defence alternate

Three types of challenges exist
Three types of Challenges exist

  • 1. Challenge the Jury list:

  • Rarely used

  • Either side must show that the entire selection process was fraudulent and impartial.

  • (ie. The selection committee omitted all citizens of a specific ethnic group)

Three types of challenges exist1
Three types of Challenges exist

  • 2. Challenge for Cause:

  • A juror does not meet the requirements of being a juror.

  • A juror does not speak the language in which the case will be heard.

Three types of challenges exist2
Three types of Challenges exist

  • 3. Peremptory Challenge:

  • Allows either side to eliminate a prospective juror without reason.

The number of challenges is limited
The number of Challenges is limited:

  • High Treason or First Degree Murder

    • 20 Challenges

  • Charge where penalty is five years or more

    • 12 Challenges

  • Charge where the penalty is less than four years

    • 4 Challenges

C st fini