Chapter 7 Juries: Facts And Finders

Question 1

Types of offences

Answer 1

Summary, indictable, hybrid

Question 2

Summary offence

Answer 2

Minor offence dealt with lower court, less severe penalties
Ex: public intoxication, minor theft

Question 3

Indictable offence

Answer 3

Serious offence dealt in higher court, possibility of a jury, longer prison sentences
Ex: murder, sexual assault, robbery

Question 4

Hybrid offence

Answer 4

Prosecuted either as summary or indictable, depending on circumstances
Ex: certain types of theft and assault

Question 5

How jurors are selected in canada

Answer 5

Juries act: legislation that outlines the eligibility criteria for jury service and how prospective jurors must be selected
- community members receive jury summons
- preemptory challenge removed by billC-75
- challenge for a cause: remove potential juror based on specific reasons

Question 6

Representativeness

Answer 6

For jury to be considered representative: must allow any eligible person from community opportunity to be in jury, random
- assists in selecting juries that will be favourable for the case

Question 7

Impartiality

Answer 7

-jurors must set aside biases/prejudice and only use evidence
-must ignore any inadmissible evidence
-must have no connection to the defendant

Question 8

Jury functions

Answer 8

• apply the law to a case and reach verdict
• wisdom of 12 rather than 1
• act as the conscience of the community
• protect against out-of-date laws
• increase knowledge about the justice system

Question 9

How do we study juror/jury behaviour?

Answer 9

methodologies:
-post-trial interviews
-archival records
-simulation
-field studies

Question 10

Simulation

Answer 10

-participants presented with simulated trial and render verdicts
-high internal validity
-limitations: fake cases w no consequences, undergraduate students, generalizability to real world questionable

Question 11

Reaching a verdict - deliberation

Answer 11

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

Question 12

Jury decision-making models: mathematical

Answer 12

-jury makes set of mental calculations
-mathematical weight assigned to each piece of evidence
- not really used

Question 13

Jury decision-making models: explanation

Answer 13

• evidence organized into coherent whole
• story model: create story structure integrates evidence, decide which story fits evidence best
• jurors decision making process is coherent with this approach

Question 14

Listening to the evidence

Answer 14

Note-taking, asking questions