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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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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
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