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Psychology 331 > Juries > Flashcards

Juries Flashcards

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1
Q

torts

A

civil cases claims of harm

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2
Q

civil vs criminal juries

A

criminal - 12 ppl

civil - 6-8, unanimous decision not needed

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3
Q

types of offenses in canada

A
  1. summary offenses
    - >6 months in prison and fine >$2000
    - max 18 months
    - tried by judge alone - no right to jury
  2. indictable offenses
    a. less serious… theft, obtaining $/property under false pretenses, failure to comply with probation order
    - Judge
    b. highly serious -treason, murder, piracy
    - judge and jury unless both attorney general and accused agree can be judge alone
    c. arson, sexual assault with a weapon, etc.
    - tried by provincial judge without jury and preliminary inquiry
    - preliminary inquiry and judge only
    - preliminary inquiry and judge and jury
  3. hybrid offenses
    - crown choices if summary offense or indictable (max 5 years)
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4
Q

Juries act

A

Provincial and territorial legislation that outlines the eligibility criteria for jury service and how prospective jurors must be selected
- no criminal record, lawyers/ judges, BC used to be no dentists

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5
Q

Jury summons

A

court order stating time and location for jury duty

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6
Q

Potential juror challenges

A

peremptory
- crown or defense 12 each (20 for murder)
- do not need to provide reason for rejection
- now banned in Canada
For Cause
- lawyer must give reason

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7
Q

R v. Sherratt

A

jury characteristics

  1. representativeness
    - represents community where committed crime
    - r v. Nepoose
  2. Impartiality
    - unbiased
    - ignore non admissible evidence like media etc
    - R. v. Guess
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8
Q

R v. Nepoose

A

defendant was woman and aboriginal and not enough women on jury = representativeness

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9
Q

R v. Guess

A

one of 12 jurors and defendant started sexual relationship- charged with obstruction of justice = impartiality

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10
Q

Improve impartiality

A

threats from pre- trial publicity (more negative = more guilty verdicts and vice versa)

  • media ban
  • change of venue (same province) ex Andrew Berry trial
  • adjournment - delay till sometime in future - risks witness memory and jorden legislature - timeline
  • challenge for cause
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11
Q

Aboriginal jurors

A

under represented
if living on reserves not part of municipal assessment lists of potential jurors in Ontario
- increase by using heath record databases, and allowing them to volunteer

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12
Q

R v. Brown

A

racially biased jury with 2 white defendants raping aboriginal girl
- all white jury = not guilty

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13
Q

R v. Find

A

judge rejected proposal for challenge for cause

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14
Q

R v. Davey

A

jury panel released early and both crown and defense asked police officers opinions

  1. no requirement for info from police to be disclosed
  2. early jury panel release list had no impact on fairness
  3. privacy of prospective jurors not breached
  4. no change in jury had the comments been disclosed
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15
Q

Andrew Berry

A

change of venue from small town after murdering his children

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16
Q

Kelly Ellard

A

change of venue from Victoria to Vancouver

17
Q

R v. McLeod

A

challenge for cause for trial of 2 black men

18
Q

challenge for cause issues

A
  1. done in open court - hear which answers get into/ out of jury
  2. not honest if in open court
  3. must be aware of their biases
19
Q

Jury Nullification

A

when jury ignores law and evidence, rendering verdict based on something else

20
Q

chaos theory

A

when jurors are guided by their emotions and personal biases rather than the law, chaos in judgement results

21
Q

Henry Morgentaler

A 
performed illegal abortions
jury found not guilty each time 
jury nullification
courts overturned conviction
Morgentaler amendment - jury verdict can no longer be overturned by appeal
22
Q

R v. Latimer

A

ended daughters life that was in severe pain mental capacity of 4 month old
- 2nd degree murder (10 yr min) but jury recommended one year before parole
overturned
jury nullification

23
Q

researching juries

A

post trial interviews (not in Canada)
- high eternal validity, unreliable?
archives
-high external validity, cant establish cause and effect
stimulation / mock jury
- high internal validity, limited external validity
field studies
- high external validity, approval difficult, confounding factors

24
Q

Deliberation

A

jury members discuss evidence privately among themselves to reach a verdict that is provided to the court

25
Q

Note taking

A

Penrod and Heuer

  • memory aid that does not produce distorted view
  • can keep up with evidence
  • accurate record of trial
26
Q

R v. Andrade

A

disadvantages to note taking
- may expert influence on other jurors
- jurors rely on note takers to clarify
disputed by Penrod and Heuer

27
Q

Inadmissible evidence

A

kassin and Sommers
- jurors will disregard when provided with logical and legitimate reason for judges decision to disregard
Backfire effect- when judges instruction to disregard evidence makes it more memorable

28
Q

polarization

A

individuals become more extreme in initial position following group discussion

29
Q

leniency bias

A

jurors move towards greater leniency during deliberations

30
Q

hung jury

A

jury cannot reach unanimous verdict

31
Q

styles for verdicts in juries

A

verdict driven
- start deliberation by taking initial poll
evidence driven
- discuss evidence first then poll much later

32
Q

juror demographic variables

A

gender - sexual assaults’ trials
race - racial bias: disparate treatment of racial out groups
- black sheep effect - when evidence is strong= similarity btw defendant and jury leads to punitiveness, when evidence is weak = more lenient

33
Q

juror personality traits

A

dogmatism and authoritarianism prefer conviction
Gunnell and Ceci
- CEST
- R- processers (rational) vs E- processers (emotional)
- E- processers more susceptible to extralegal factors

34
Q

juror attitudes

A

rape myths - feminists regardless of gender more likely to convict
capital punishment - beliefs in capital punishment affect decisions to convict

35
Q

defendant characteristics

A

criminal history - more convictions = more likely to convict
attractiveness - more lenient if attractive - Jeremy Meeks
gender - male = higher guilt ratings

36
Q

R v. Darrach

A

rape shield upheld in court

- on defendant to demonstrate if accuser’s sexual history is relevant to the case before can be allowed

Psychology 331 (10 decks)

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