Jury Trials & Selection

1. Jury Trials & Selection

2. Legal Function of a Jury(Vidmar & Schuller, p. 130) • “Decide the facts from the trial evidence presented and to apply the law (provided by the judge) to those facts to render a verdict”

3. Legal Function of a Jury(Vidmar & Schuller, p. 130) • “Decide the facts from the trial evidence presented and to apply the law (provided by the judge) to those facts to render a verdict” • Combines the wisdom and perspective of 12 ordinary persons chosen from the community who must unanimously agree in order to reach a verdict.

5. Jury Trials • The right to trial by jury • From England in the mid 1700s

6. Jury Trials • The right to trial by jury • From England in the mid 1700s • Criminal Law • In the case of all offences for which the maximum penalty is 5 years or more

7. Jury Trials • The right to trial by jury • From England in the mid 1700s • Criminal Law • In the case of all offences for which the maximum penalty is 5 years or more • Indictable • Hybrid • Summary

8. Jury Trials • An array of eligible jurors

9. Jury Trials • An array of eligible jurors • Randomness

10. Jury Trials • An array of eligible jurors • Randomness • Representativeness

11. Jury Trials • An array of eligible jurors • Randomness • Representativeness • Impartiality

12. Jury Trials • Who is not eligible: • Non-citizens

13. Jury Trials • Who is not eligible: • Non-citizens • Statutory exemptions

14. Jury Trials • Who is not eligible: • Non-citizens • Statutory exemptions • Undue personal hardship

15. Jury Trials • Who is not eligible: • Non-citizens • Statutory exemptions • Undue personal hardship • Personal interest or connection

16. Procedure • 12 jurors are selected from the array

17. Procedure • 12 jurors are selected from the array • Each juror’s name is recorded on a card, cards randomly drawn

18. Procedure • 12 jurors are selected from the array • Each juror’s name is recorded on a card, cards randomly drawn • Challenges: • Peremptory challenge: does not have to give any reason

19. Procedure • 12 jurors are selected from the array • Each juror’s name is recorded on a card, cards randomly drawn • Challenges: • Peremptory challenge:does not have to give any reason • Challenge for cause: publicity or generic prejudice (race, sexual preference)

20. Jury Selection Techniques(Crawford, 1994) 1. Community Opinion Poll

21. Jury Selection Techniques(Crawford, 1994) • Community Opinion Poll • Pre-Trial Simulation or Mock Jury

22. Jury Selection Techniques(Crawford, 1994) • Community Opinion Poll • Pre-Trial Simulation or Mock Jury • In-Court: Expert Beside Lawyer

23. Jury Selection Techniques(Crawford, 1994) • Community Opinion Poll • Pre-Trial Simulation or Mock Jury • In-Court: Expert Beside Lawyer “Shadow Jury”

24. First time used: London, ON 1979

25. First time used: London, ON 1979 • Really only useful in certain types of trials: “Where there’s massive pre-trial publicity, where there are emotional issues, where there are political issues, or where one has a reason to believe that the evidence is so close that the jury could go either way” (Vidmar, 1994, p. 492)