Chapter 7: Juries Flashcards
What are the 3 Types of Offences?
- Summary Offence
- Indictable Offence
- Hybrid Offence
What is a Summary Offence?
Involve a sentence of fewer than 6 months in prison and a fine of less than 2000$
Tried by judge alone.
People who commit a summary offence does not have the right to trial by jury (some offences the maximum sentence is 18 months)
What is an Indictable Offence?
Falls in 3 Categories:
- Less serious indictable offences are heard by a judge sitting alone.
- Highly serious indictable offences must be tried by judge and jury. These offences include treason, murder or piracy.
- For some indictable offences, the accused can choose whether the trial proceeds by judge and jury or judge alone
What are Hybrid Offences?
Cross between the other 2 defences. Maximum of imprisonment is 5 years or more if proceed by indictment.
If the Crown proceeds summarily, the maximum penalty is 6 months or 18 months.
Its up to the crown whether they want to proceed as an indictable or summary offence
What is a Juries Act?
Provincial and Territorial legislation that outlines the eligibility criteria for jury service and how prospective jurors must be selected
What is Jury Summons?
A court order that states a time and place to go for jury duty
- Does not guarantee you will be a juror, if you miss a juror summons, you will have severe legal penalty (e.g. fine or jail)
What are 2 Types of Challenges that Lawyers Could Use to Reject a Potential Juror?
- Peremptory Challenge
- Challenge for Cause
What is Peremptory Challenge?
Jurors who are believed were unlikely to reach a verdict in their favour
What is Challenge for Cause?
The lawyer must give a reason for rejecting the juror
What are the 2 Fundamental Characteristics of Juries?
- Representativeness
- Impartiality
What is Representiveness?
A composition that represents the community in which the crime occured
What is Impartiality?
A lack of bias on the part of jurors
What is Change of Venue?
Moving a trial to a community other than the one in which the crime occured
What is Adjournment?
Delaying trial until sometime in the future
What are the 4 Jury Functions?
- To use the wisdom of 12 (Rather than the wisdom of 1) to reach a verdict
- To act as the conscience of the community
- To protect against out of date laws
- To increase knowledge about the justice system
What is Jury Nullification?
Occurs when a jury ignores the law and the evidence, rendering a verdict based on some other criteria
What is the Chaos Theory?
The theory that when jurors are guided by their emotions and personal biases rather than by the law, chaos in judgments results
What are ways to study Juror and Jury Behaviour
- Post - Trial Interviews
- Archives
- Simulation
- Field Studies
What is Deliberation?
When jury members discuss the evidence privately among themselves to reach a verdict that is then provided to the court
What are the 4 Reforms for Judges Instruction?
- Rewriting Instructions
- Providing a written copy of instructions to jurors
- Providing jurors with pre and post evidence instructions
- Having lawyers clarify legal instructions during their presentation to the jury
What are the 2 Jury Decision Models?
Mathematical Models and Explanation Models
What is Polarization?
When individuals tend to become more extreme in their initial position following a group discussion
What is a Leniency Bias?
When jurors move toward greater linenicany during deliberations
What is a Hung Jury?
A jury that cannot reach a unanimous verdict
