Juries Flashcards
In Canada courts, the courts deals with both civil and criminal cases. Criminal cases are those in which an act was allegedly committed as found in the ——-. In contrast, civil cases are those that involve———– or other claims of —— ( know as —-)
Criminal code of Canada
Breach of contract or other claims of harm ( aka torts)
–to— member jury trials often occur in civil cases, whereas — (#)member juries are typical in criminal cases
6-8
12 member
** verdicts do not nessecairly have to be unanimous in civil trials **
There are 3 types of offences in Canada what are they?
Indictable offences
Summary offences
Hybrid offences
Summary offences are tried by —– . Defendant charged with a summary offence does not have the right to a trial ——-
Judge alone
Right to trial by jury
Less serious indictable offences ( theft, failure to comply with probation) are heard by ———- and highly serious offences (treason, murder, piracy ) are hard tried by ———-
Judge sitting alone
Tried by judge and jury
Maximum sentence that’s can be given for hybrid offences that are proceed by indictment is —–
5 or more years
Provincial and territorial legislation that outlines the eligibility criteria for jury service and how prospective jours must be selected
Is a definition of what ?
Juries act
A court order that states a time and place to go for jury duty
Is a definition of what?
Jury summons
In Canada criminal trials have —-(#)juries. Generally there are two types of challenges lawyers can use to reject a potential juror what are they ?
12 person
Peremptory challenge and challenge for cause
Peremptory challenge: lawyer does/does not have to provide a reason for rejecting potential juror
Crown and defence is allowed —– challenges (murder) whereas for most other crimes each has —— peremptory challenges
Does not
20
12
In many Canadian cases the lawyers are not allowed to ask prospective jurors questions to gain more information about them
True/ false
True
What are the 2 fundamental characteristics of juries ?
Representiveness
Impartiality
A jury composition that represents the community where the crime occurred
Is a definition of what ?
Representivness
A characteristics of jurors who are unbiased
Is a definition of what?
Impartiality
What are 3 things things a judge could order to keep a jurors impartial?
Change of venue
Adjournment (delaying the trial until sometime in the future)
Challenge for cause
Moving a trial to a community other than the one in which the crime occurred
Is a definition of what?
Change of venue
Delaying the trial until sometime in the future
Is a definition of what ?
Adjournment
An option to react biased jurors
Challenge for cause
The main legal function of a jury is to —-as provided by the judge, to the admissible evidence in the case and to ——-
Apply the law
Render a verdict of guilt or innocence
What are the other 4 functions of a jury ?
Use their wisdom
Act as conscience of the community
Protect against old laws
Increase knowledge of the cJs
Occur when a jury ignores the law and the evidence, rendering a verdict based on some other criteria
Is a definition of what ?
Jury nullification
The theory that when jurors are guided by their emotions and personal biases rather than by the law, chaos in judgments results
Is the definition of what ?
Chaos theory
What are the 4 ways in which we can study juror and jury behaviour?
Post trial interviews
Archives
Simulation* most common methodologies used to investigate jury issues***
Field studies
What are some of the benefits of jurors being allowed to take notes ?
Serve as a memory aid
Keep up with the evidence as it is being presented
Accurate record of the trial
Does not produce a distorted view of the case
In Canada a ——— in each case decides wether jours will be allowed to take notes
Trial judge
Allowing juror to ask question is up to the ——-
Judge presiding over the trial
What are the 2 jury decision making models
Mathematical model * Conducting a set of mental calculations regarding the importance and strength of each piece of evidence***
Explanation model * evidence is organized into a coherent whole called the story model **
Although there must be a 12 person jury, in some cases a jury can still still continue with at least — jurors
2
When individuals tend to become more extreme in the initial position following a group decisions
Is a definition of what?
Polarization
When jurors move towards greater leniency during deliberations
Leniency bias
A Canadian jury must reach a ——- criminal verdict, if it cannot the jury is said to be a _____ jury or deadlock and a mistrial is declared
Unanimous
Hung jury
What are the 5 ways of predicting verdicts
Demographic variables Personality traits Additudes Defendant characteristics Victim characteristics
Variables such as race, sociemocnoic staus, and education of jours are what kind of predictive verdict variable
Demographic variables
- ** racial bias***
- black sheep effect*
When evidence is strong, similarity between defendant and jury leads to punitiveness is the definition of?
Black sheep effect
Two commonly personality traits that have been commonly measured in connection to jurors is ?
Authoritarianism
Dogmatism
Tend to have right wing political views and are conservative and ridged thinkers who acquiesce to authority
Is a definition of what ?
Authoritarianism personality trait
Tend to be rigid and close- minded but without the political overtones found with the authoritarianism construct
Is a definition of what ?
Dogmatism
