The Jury
CLN4U
The Jury
 People who are charged with a certain serious
indictable offence have the option of trial before a
judge and jury.
 In a jury trial, findings of fact are made by the jury.
 Judge lays out the law and any legal test that has to be met in
order to find the person guilty.
 The jury will apply the facts as they find them and determine
if those facts meet the legal test for guilt or innocence.
The Jury
 “The jury through its collective decision making, is
an excellent fact finder; due to its representative
character, it acts as the conscience of the
community; the jury can act as the final barricade
against oppressive laws or their enforcement; it
provides a means whereby the public increases its
knowledge of the criminal justice system and
it increases, through the involvement of the public,
societal trust in the system as a whole”
-The Supreme Court of Canada-
Facts
 There are 12 members
 Must be a good cross section of society and good
fact-finders
 Chosen by both Crown and defence
Exemptions:
 recent duty
 over 70
 physical disability interfering with capacity to act as a juror
Juries and Jury Selection
 Let the public see conflict
resolved by peers
 Reflect the conscience of the
community
 Expensive
 Used in most serious indictable
offences
 Accused may choose a jury in a
less serious indictable offense
Juries: Pros / Cons
Advantages - Juries
Advantage – Judge Alone
 Educates the public
 Less prejudiced
 Fresh perspectives rather
 Trained to make decisions
than that of the judge
alone
 Decision must be
unanimous
 Decision based on values
and empathy rather than
strict legal precedent
based on fact not lawyer’s
eloquence
 Judge provides reason for
their decision
Jury Array
 pool of potential jurors assembled under provincial
legislation; also called jury panel or jury roll
 This process occurs in the early part of jury selection
Who is eligible?

Generally people 18 years of age and older
Who is NOT eligible?

Lawyers, doctors, law students, veterinary surgeons, medical
doctors, people in the legal profession.
Empanelling a jury
 Once the jury array has been assembled by the
Sheriff, groups of potential jurors are convened for
selection.
 The jury array may be challenged by the Crown or
the defence, but only on the grounds of partiality,
fraud, or willful misconduct by the sheriff.
Jury Challenges
Peremptory Challenge:
 The procedure by which the defence or
Crown can reject a potential juror without
giving reasons
 Authorized by the Criminal Code s. 634. (1)
 Number predetermined by the charge
(example: high treason on Murder 1, 20
challenges)
Jury Challenges
Challenge for Cause:
 Here potential jurors are challenged if either the
Crown or the defence believes they will not fulfill the
responsibilities of jury duty.
 The grounds justifying a challenge for cause are set
out in the Criminal Code s. 638. (1).
 The most frequently used example is the Crown or
defence say that the jury (jurors) are not impartial.
Other Reasons for a Challenge for Cause
 Question establishing or confirming the identity of




the juror;
a juror has a personal connection to the Crown or the
accused;
a juror has been convicted of an offence for which he
was sentenced to a term of imprisonment exceeding
twelve months;
a juror is an alien; does not speak the official
languages of Canada
a juror is physically unable to perform properly the
duties of a juror
Jury Duty
 Sworn in and take their seat in the jury box
 Informed of their duties by judge
 must not:
 Discuss the case with non-jury members
 Follow media reports about the case
 Disclose any information from jury discussions
 Usually you can go home at the end of each day unless
sequestered – housed until they reach a verdict
 Jurors may be discharged for valid reasons. If jury falls
below 10 – new trial
Trial Procedures
EVIDENCE
What is the point of Evidence?
 Evidence is the way in which the Crown and the
defence try to reconstruct the chain of events.
 The evidence tries to convey the facts to the court so
that a judgement can be announced.
 Only relevant evidence is usually admissible
 Evidence can be excluded from the trial if proper
procedures during the investigative process are not
followed.
Types of Evidence:
 Circumstantial,
 Direct,
 Physical
 Demonstrative
 Hearsay
Circumstantial Evidence
 Indirect evidence that links the accused to the
crime. allows a judge or jury to infers or accept a
fact based on a set of known circumstances.


Example: A child is found standing by an open cookie jar
with cookie crumbs on his face. The circumstantial evidence
would indicate the child ate a cookie. However, he was not
actually seen eating the cookie.
For example, something belonging to the accused may
have been left at the crime scene but there is no direct
evidence to prove that the accused actually committed the
crime.
Direct Evidence
 Evidence given by a witness
 usually a verbal description of what the
witness knows about the events.

Example: Someone sees a child eat a cookie out of the cookie
jar.
Direct Evidence
 The way a witness describes and interprets
the event depends on the individual’s
personal filters (what they saw, heard,
smelled or felt about an event)
 How
Reliable is direct evidence from a witness?
 Eye
Witness Reliability
Direct Evidence cont…

The witness first tells his/her story (testimony)to the
court in examination in chief.

Examination in chief: oral examination of witness by
the lawyer who summonsed the witness to testify

The witness is then subject to cross examination by
the opposing lawyer.

Cross examination: oral examination of a witness by a
lawyer who did not summons the witness to testify,
designed to challenge the witnesses’ evidence
Physical Evidence
 A.K.A.- Real Evidence
 evidence that consists of physical objects that can be
offered into evidence.

Example: The cookie jar with the child’s fingerprints on it.
 Other typical examples…
 weapons,
 tools,
 tool markings,
 fingerprints,
 blood, hair, skin samples
Demonstrative Evidence
Demonstrative evidence: evidence that
assists in presenting or demonstrating a fact.
Example: A map of the kitchen showing the
child’s proximity and access to the cookie jar.
Other typical examples…
charts,
maps,
photographs,
crime sketches
Hearsay
 Hearsay: Evidence consisting of matters that a
witness was told and did not witness themselves
 Witnesses cannot testify about indirect knowledge.
Their testimony will not be admissible
 Example:
 Dan assaults Dylan.
 Paul was there to see it.
 If Jesse, testifies that Paul told her that Dan assaulted Dylan it
is deemed second hand information and therefore hearsay.
Voir Dire
 a mini-hearing held during a trial on the
admissibility of challenged evidence.
 Example: a defendant and his/her counsel may object
to a plaintiff's witness. The court would:
1. Suspend the trial,
2. Excuse the jury (if it is a jury trial)
3. Immediately preside over a hearing on the standing of
the proposed witness, and then,
4. Resume the trial with or without the witness, or with
restrictions placed on the testimony of the witness