Juries

Question 1

What are the three types of offences in Canada?

Answer 1

1. Summary offences
2. Indictable offences
3. Hybrid offences

Question 2

Define summary offences

Answer 2

i. Tried by judge alone
ii. Things like Pot possession, shoplifting
iii. Involve a sentence less than six months
iv. NOTE: you have no right to trial by jury

Question 3

What are the three categories of indictable offences?

Answer 3

1. Less serious offences
2. Highly serious offence
3. Other

Question 4

In what case can the defendant decide whether or not to have a preliminary hearing?

Answer 4

In cases that fall into the “other” category of indictable offences

Question 5

Define a hybrid offence

Answer 5

i. Cross between the other two offenses (eg. Sexual assault)

ii. The crown will determine whether it was an indictable or summary offence

Question 6

Define the jury act

Answer 6

i. Provincial legislation that outlines the eligibility criteria to be a juror and how they are selected
ii. Criteria vary slightly across jurisdictions

Question 7

Define a jury summons, and what it entails?

Answer 7

A court order stating time and place to show up

1. Doesn’t guarantee place in jury, as 100 people are summoned for this step
2. Ignoring -> fines and jail time

Question 8

Define a peremptory challenge

Answer 8

1. Ability to say no to a juror with no explanation

2. Each side can refuse a juror 20 times for murder cases, 12 times for everything else

Question 9

Define a challenge for cause

Answer 9

1. After peremptory challenges exhausted, it is the ability to say no, if there is a good enough reason (deemed by the judge)
2. Can challenge for cause for the entire jury selection process. (Must demonstrate there is reasonable partiality)

Question 10

What are the two ideally fundamental characteristics of juries?

Answer 10

Impartiality and representativeness

Question 11

What are three ways to keep a jury impartial?

Answer 11

1. Change the venue
2. Adjournment
3. Challenge for cause

Question 12

Define adjournment

Answer 12

Delay trial to later point in time

a. Can occur before a trial, but MAY occur during the trial
b. Used to cause decrease in public coverage of famous crimes

Question 13

What is a problem with adjournment

Answer 13

1. The eyewitnesses to crime may move away,forget what they saw or die

Question 14

What is the main function of the jury?

Answer 14

to apply the law, as provided by the judge, to the admissible evidence in the case and render a verdict of guilt or innocence

Question 15

What are four secondary functions of a jury?

Answer 15

i. Use the wisdom of 12 people to reach a verdict
ii. To act as the conscience of the community
iii. To protect against outdated laws
iv. To increase knowledge of the public about justice system

Question 16

What were two instances in which the jury ignored the law in Canada

Answer 16

Dr. Henry Morganteler

i. Performed illegal abortions
ii. Even though he broke the law, the jury, due to changes in public opinion, would always find him not guilty

Robert Latimer

i. Killed his extremely disabled daughter
ii. While life sentence was originally pronounced, the jury proposed a lighter sentence

Question 17

What two factors influence the ability to disregard evidence?

Answer 17

1. Strength of the evidence

2. Reason given by judge to disregard

Question 18

List the three roles of an impartial jury.

Answer 18

1. Must judge the case based solely on admissible evidence
2. Must ignore any info not part of admissible evidence
3. Must not have any connection to the defendant

Question 19

T/F
When admissible evidence is weak, jurors are more likely to consider the inadmissible evidence and render more guilty verdict.

Answer 19

True

Question 20

When evidence is strong, jurors are more likely to consider the inadmissible evidence.

Answer 20

False. More likely to disregard.

Question 21

If the crime is less severe jurors are more likely to use the inadmissible evidence in their verdict.

Answer 21

True

Question 22

If the crime is serious jurors are more likely to use the inadmissible evidence in their verdict.

Answer 22

False. They are more likely to ignore.

Question 23

If the reason given by the judge to disregard a piece of evidence is illogical jurors are likely to disregard the evidence.

Answer 23

False

Question 24

What types of indictable crimes are considered Less serious offences?

Answer 24

a. Theft, fraud, etc

b. No right to jury

Question 25

What types of indictable crimes are considered Highly serious offence

Answer 25

a. Treason, murder, piracy

b. Must be judged by jury

Question 26

What types of indictable crimes are considered “Other”

Answer 26

a. Robbery, arson, sexual assault with weapon

b. The defendant can choose between jury or no jury