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A Consideration of Our Conscientious Objection to Participation in Jury Service

A Consideration of Our Conscientious Objection to Participation in Jury Service. Ewen Road Ecclesia- October 2007. Presentation Overview. Look at changes in the Christadelphian viewpoint. Examine the government’s view of jury service. Definitions and juror responsibilities.

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A Consideration of Our Conscientious Objection to Participation in Jury Service

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  1. A Consideration of Our Conscientious Objection to Participation in Jury Service Ewen Road Ecclesia- October 2007

  2. Presentation Overview • Look at changes in the Christadelphian viewpoint. • Examine the government’s view of jury service. • Definitions and juror responsibilities. • Review scriptural principles. • Contrast with the requirements of jurors • Discuss practical applications. • Ecclesial • Individual

  3. A Changing Christadelphian Perspective • “Jury service, always a matter of personal conscience among Christadelphians, is becoming increasingly unacceptable to members who feel that the nature of jury service has become much more difficult for them to bear with”. Brother Harry Tennant Christadelphians, What They Believe and Preach

  4. Early Christadelphian Viewpoint • “In the capacity of juryman, he is merely asked what is his opinion as to the facts submitted in evidence. There is nothing in this inconsistent with his profession as a son of God. The editor had to apply this argument to himself a few weeks back”. Brother Robert Roberts Christadelphian, “Answers to Correspondents”, 1894, p.272

  5. Early Christadelphian Viewpoint • “The writer has had the duty and privilege of sitting as a juryman on both civil and criminal cases, and can certify, without reservation, that such function involves nothing a brother could reasonably object to”. Brother Frank G. Jannaway Christadelphian Answers, 1920

  6. Today’s Christadelphian Viewpoint • “These opinions were based on the English legal system of 80 to 100 years ago. Whether or not we would have agreed with them is hard to say, but we do not feel they presently provide a useful guideline”. Brother Don Styles Tidings Magazine, July 1993

  7. 2. The Government’s View • A Duty of Citizenship “It is important to understand that every Canadian is part of the justice system, and that justice is not only the business of police, lawyers, judges and lawmakers. Individual citizens must play their part in the justice system if the law is to work and justice is to be done…A citizen who is called for jury duty is obliged to attend, unless excused by the laws of the province. ” http://canada.justice.gc.ca (Department of Justice Canada)

  8. The Government’s View • Judging the Evidence “Jurors must make up their own minds about the accuracy or honesty of the testimony given by witnesses in the trial…they must decide: in a criminal case, whether the prosecution has proven beyond a reasonable doubt that the accused person is guilty; or in a civil case, whether the plaintiff has proven on a balance of probabilities that the defendant is liable.” http://canada.justice.gc.ca (Department of Justice Canada)

  9. The Government’s View • Bound to follow the law of the land “…when both sides have called their witnesses and presented their arguments, and the judge has instructed the jury on the law and on what they must take into account when making their decision, the jurors meet by themselves in a room outside the courtroom.” http://canada.justice.gc.ca (Department of Justice Canada)

  10. 3. Scriptural Principles • We have an obligation to obey the law of the land, unless they are in conflict with God’s laws. • We are citizens of God’s Household. • We are forbidden to judge those outside the faith. • Our beliefs contradict the requirements of civil and criminal law.

  11. Scriptural Principles:Obey Authorities • As Christadelphians, we have an obligation to submit to the governing authorities and obey the laws of the land. • Titus 3:1-2. • I Peter 2:13-14. • Romans 13:1-7.

  12. Scriptural Principles:Obey Authorities • The only reason these commands cannot be performed is if there is a conflict between the laws of men and the laws of God. • Acts 5:29.

  13. Scriptural Principles:Citizenship • As Christadelphians, we are Canadian/US citizens by birth, and citizens of God’s household by choice, a dual citizenship. • Philippians 3:20-21. • I Peter 2:9-11. • Ephesians 2:12-13,19.

  14. Scriptural Principles:Citizenship • It would be inconsistent for us to serve as a juror and be regarded as being a partner with the judicial department of the Canadian/US Government, when we pray for God’s Kingdom to be established and “break in pieces and consume all these kingdoms”. • Daniel 2:44. • Matthew 6:24.

  15. Scriptural Principles:Judging Others • We are to follow the example of Christ when asked to settle a difference over an inheritance: “…Man, who made me a judge or a divider over you?” • Luke 12:13-14.

  16. Scriptural Principles:Judging Others • As believers, we are forbidden to judge those outside the faith. • I Corinthians 5:12-13.

  17. Scriptural Principles:Turn the Other Cheek • Since Christ instructs us not to seek redress for ourselves, we should not be a party in a judgment against another. • Mt. 5:40

  18. Duties of a Juror Take an oath Teaching of the Bible Do not swear Mt. 5:33-37 Scriptural Principles:Contrasting Our Beliefs

  19. Duties of a Juror Take an oath Judge the evidence Teaching of the Bible Do not swear Mt. 5:33 Do not judge I Cor. 5:12-13, James 4:11-12 Scriptural Principles:Contrasting Our Beliefs

  20. Duties of a Juror Take an oath Judge the evidence Seek Justice Teaching of the Bible Do not swear Mt. 5:33 Do not judge I Cor. 5:12-13, James 4:11-12 Offer mercy James 2:12-13, Luke 6:37 Scriptural Principles:Contrasting Our Beliefs

  21. Duties of a Juror Take an oath Judge the evidence Seek Justice Punish Evil Teaching of the Bible Do not swear Mt. 5:33 Do not judge I Cor. 5:12-13, James 4:11-12 Offer mercy James 2:12-13, Luke 6:37 Do not repay evil Rom. 12:17-19; Mt 6:14-15, Mt 5:44-46 Scriptural Principles:Contrasting Our Beliefs

  22. Scriptural Principles:Contrasting Our Beliefs • The law of the land is based on justice, not mercy; on recompense, not forgiveness. • Because our beliefs are at odds with the requirements of jury service, it would be impossible for us to serve as an impartial juror.

  23. 4. Practical Applications • Potential jurors are summoned and instructed to appear before the judge and lawyers on a certain day. The lawyers begin the process of selecting the jury. • The lawyers try to cleanse the jury pool from any unfair prejudice or bias that may jeopardize the impartiality of the proceedings – in Canada, in contrast to the US, there is little dialogue between lawyers and the jury pool. • There are two types of challenges, whereby a juror is removed from the jury pool: • challenges for cause – it is believed that the juror cannot sit as an impartial decision maker • peremptory challenges – the lawyer may remove a potential juror for almost any reason • Jurors may also be excused by the judge for other reasons, such as undue burdens that the trial will cause on the juror, or other human frailties. Canada's Criminal Law and The Jury System Article by Dilraj S. Gosal, JD, LLM

  24. Practical Applications • Ecclesial Actions: • Hold informational seminars to educate ecclesial members on the subject. • Create an informational kit to assist members who have been called to jury service. • Approve motion stating our doctrine of religious conscientious objection. • Draft sample letter for Recording Brother to send to court indicating that the person called is a member in good standing. • Draft sample letter for members to submit to court when called for jury service.

  25. Practical Applications • Personal Actions: • Do not ignore the summons. • Write a letter to the court explaining your beliefs and convictions regarding jury service. • If required to attend in person, do so, at which time a copy of the letter you sent to the Court should be presented to the presiding Judge or officer. • If given the opportunity, explain your position to the presiding Judge.

  26. Canadian Juries Act - Notice Notice Summoning jurors 21 days before attendance required • 19.  (1)  The sheriff shall summon every person drafted to serve on juries by sending to the person by ordinary mail a notice in writing in the form prescribed by the regulations under the hand of the sheriff at least twenty-one days before the day upon which the person is to attend, but when the sheriff is directed to draft and summon additional jurors under this Act, such twenty-one days service is not necessary. R.S.O. 1990, c. J.3, s. 19 (1).

  27. Canadian Juries Act – Excusing of Juror Religious reasons • 23.  (1)  A person summoned for jury duty may be excused by a judge from service as a juror on the ground that service as a juror is incompatible with the beliefs or practices of a religion or religious order to which the person belongs. R.S.O. 1990, c. J.3, s. 23 (1). … Application for excusing • (3)  A person summoned for jury service may be excused under subsection (1) or (2-Illness or hardship), • (a) before the day for attendance, by any judge of the Superior Court of Justice; • (b) on or after the day for attendance, by the judge presiding at the sittings, • and the application to be excused may be made to the sheriff. R.S.O. 1990, c. J.3, s. 23 (3); 2006, c. 19, Sched. C, s. 1 (1).

  28. Conclusion • We are citizens of God’s household and can not participate in a government that we are praying will be replaced by Christ’s Kingdom. • We are commanded not to judge those outside the faith. We should follow the example of Christ who refused to settle a land dispute between two brothers. • We can not be bound by the “rules of law” as many of our beliefs run counter to them.

  29. References & Resources • The Captive Conscience, John Botten, CMSC • The Christadelphian’s Relation with the State, Tom Northcott* • Conscientious Objection to Military Service, J.A. Cowie* • Why Christadelphians are Conscientious Objectors to Participation in Jury Duty, and to Taking Part in Military Service, Politics and Related Activities, Blair Smith • War and Conscientious Objection, Rob J. Hyndman (from The Way of Life, pg. 119) • The Gospel and Strife, A.D. Norris • The Christian and War, J.B. Norris • The Statement of Faith, Doctrines to be rejected, #35 • Tidings Magazine, July 1993 • The Christadelphians, What They Believe and Preach, Harry Tennant • The Christadelphian Position with Respect to Military Service, Canadian CSC • Test Case for Canada ‘3314545’ - E.R. Evans* • Ye Are Strangers and Sojourners with Me - E.R. Evans • Without The Camp, Frank G. Jannaway • Christ and War, C.C. Walker* • The Christian’s Relations with the State, Malcolm Pook • Christadelphians and Military Service, London SCC • http://canada.justice.gc.ca (Department of Justice Canada) *Obtainable from www.adelphosweb.com • It is recognized that all reference material must be tested against Scripture, as it is our only standard.

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