The Role of the Jury
B. Hergott
R.C.S.S. Law
Learning Goals

I can explain key
aspects of the criminal
trial process, including
jury selection and rules
about the admissibility
of evidence and the
burden of proof

I can describe the
role of people involved
in a criminal trial (e.g.,
lawyer, judge, jury, duty
counsel, Crown
attorney)
 In Ontario
Between April 1, 2009 and March 31, 2010
Of more than 600,000 criminal charges filed
 513 criminal indictments disposed of by jury
 340 by judge alone.
In the same period, out of 97,266 new civil
proceedings initiated, 2,096 were disposed of by
jury and 3,053 by judge alone.
Juries
 Fundamental to our
justice system
 12 people are
chosen at random
for a criminal trial
(also two alternates)
 Will listen to
testimony in a
courtroom to
determine guilt
beyond a
reasonable doubt or
innocence
Qualifications
People who can be Jurors:
 Must be a Canadian citizen, at least 18 years old, and
a resident of the province for at least one year
People who cannot be Jurors:
 Elected officials and people working in the justice
system such as lawyers, police, correctional officers
and probation officers cannot serve as jurors, or are
attending law school
 Officers and non-commissioned members of the
military or reserves
 Have been convicted of a crime and spend two
or more years in prison
Jury Selection
 Potential jurors in Ontario are
selected from the Voters List which is
compiled every 4 years
 A large group of randomly selected
citizens from which a jury is selected
from is known as a jury panel
 Arraignment is the first stage of a
criminal trial in which the court clerk
reads the charge and the defendant
enters a plea
 The accused is brought before a
judge and jury panel for arraignment
to enter a guilty or not guilty plea
 If the plea is ‘not guilty’ jurors will
then be selected from the jury panel
by the Crown and defence attorney
 Selecting Zimmerman Jury
Jury Selection
Steps:
 Challenge for a cause is
1)
Potential jurors names from
jury panel are randomly drawn
the right of the crown or
the accused to exclude
someone from a jury for
a particular reason such
as:
2)
Person drawn goes before the
court and faces the accused
1)
Already has formed an
opinion about the case
2)
Physically unable to
perform jury duty
3)
Has been convicted of a
serious offence
3)
4)
Crown and defence may
object to a potential juror
Either counsel may make a
challenge for a cause
 Each side is given an
unlimited number of
challenges for a cause
Jury Selection
Steps:
5)
6)
A juror could be
accepted as suitable
and impartial but still
dismissed by the
Crown or defence
with a peremptory
challenge
The 12 selected
jurors take the juror’s
oath
 A peremptory challenge is the right
of the crown or the defence to
exclude someone from a jury
without providing a reason
 Trial is an adversarial process with
the state being the more powerful
party – gives the accused to say “I
really don’t want that person.”
 20 challenges are given to each
side for serious cases such as
murder and treason
 Less serious cases where the
sentence will be less than five
years in prison, only 12 challenges
are granted
Jury Selection
A reason for the
peremptory challenge
Lots of no-shows!
 In Ontario, a person can
be held in contempt of
court if, without
reasonable excuse, they
do not attend when
summonsed. There's no
set penalty for failing to
show up, though in some
provinces no-shows can
be fined up to $1000.
 Sitting jurors aren't
compensated for the
first 10 days of a trial.
From day 11 to 49, it’s
$40 a day. After day
50, it’s $100 a day.
A judge comments on lack of
interest in Jury ‘Duty’
 "It's a duty to
participate. But not
everybody apparently
understands that," said
Justice Kennedy. "We
haven't been asked to
do that much. When
we are asked, we don't
vote, we don't show up
for jury duty. We are a
flabby, sad
generation."
 "But I do think we fall
short on the
educational process on
how important jury
trials are to the
foundation of our
system. And they are
the foundation of our
system."
Why does it matter?
 "There’s not enough
emphasis on why we
should be on jury duty,"
he said.
 “Canadians need to
understand that there
must be a large enough
panel of prospective
jurors to choose from to
ensure a fair trial by a
jury of one's peers.”
 "If there aren't, then
there's of course the risk
that the jury won't be able
to be empanelled in a
timely fashion, that more
extreme measures will
have to be used in order
to make sure that there is
an appropriate size jury.
And there's a risk of delay
and then of course the
risk of an unfair trial."
Factors to Consider
for Jury Selection
 Age (young people have different experiences and
might be more flexible)
 Wealth(wealthy people tend to support the Crown)
 Name (could indicate nationality/ethnicity)
 Occupation (gives clues about lifestyle and level
od education)
 Unemployed males (between age 20-30 tend to
favour the accused)
 Ms., Miss or Mrs. – Mrs. suggests traditional,
conservative attitudes where Ms. Could be more
liberal
Application of Jury Selection Criteria
 Use the criteria on the previous slide to build a
profile of jurors who would be good for your jury:
A 28-year-old professional hockey player from Eastern
Europe has lived in Canada for the past 10 years. He
has been charged with murdering his 27-year-old
Canadian born wife after he came home drunk and
stabbed her repeatedly. The woman was employed by
a famous law firm, where she had enjoyed good
success. The accused had a rich contract with a
Canadian hockey team, but the contract had expired
and the team was not going to re-sign him.
Province/Territory
Ont.
Alta.
B.C.
Que.
P.E.I.
N.B.
N.S.
Sask.
Yukon
Nunavut
N.W.T.
N.L.
Jury fee (per day of trial,
not including expenses)
Day 1-10: $0
Day 11-49: $40
Day 50-end: $100
$50
Day 1-10: $20
Day 11-49: $60
Day 50-end: $100
$90
$40
Day 1-10 $40
Day 11-end: $80
$40
$80
$80
$40
$80
Employer required to pay