Criminal Courts Part 2 Flashcards
(26 cards)
Who is eligible to have a jury trial?
facing 5 years or longer
- How old do you have to be to serve on a jury?
18
- Who is automatically exempt from serving on a jury?
Lawyer, Law students, Police officers, Correctional officers, Doctors (they have important roles to fulfill), Firefighters, Probation officers, Coroners, members of the senate/ House of commons, members of the armed forces.
Can you simply ignore a jury summons if you’re not interested in serving on a jury? fines?
No its a criminal offence
$200 jail time maybe?
- Can someone request to be exempt from serving on a jury?
yup
Illness (mental, physical, disability), full-time student, if you have moved, No means of transportation, Financial obligations (breadwinner of family, owner of a business, over 65, do not speak the language, breastfeeding mother, care for dependent
- Can an employer threaten to fire an employee if they have jury duty?
No, because jury duty is a Canadian civic duty. By law they must give them time off. By law an employer cannot terminate or change any condition of their employment
- How often can someone be part of jury selection?
Every 3 years, if you have attended court for jury selection or been summoned you have to wait 3 year. You do not have to serve on the jury
who does jury roll include
potential jurors compiled from registered voters list and indigenous band list
jury summons
randomly selected reciev letter in mail to appear in courthouse for jury selection
What is the point of in-court selection process
search for impartiality (no bias)
Potential jurors questioned under oath
T/F
T
Preemptory challenge
both jurors allowed to kick jurors off if they didnt like them
1st degree 20 challenges
others 12 challenges
What is a challenge made by juror
specific reason juror should be excluded (retired officer, religion doesn’t allow judging, one nightsand)
How many jurors are necessary
12
why is there additional jurors
to step in if jurors are ill
indistinguishable from each other
why was it hard to find jurors for barbie and ken killers, and luca Magnotta
too much media attention
Can jurors ask witness questions
no (you can ask judge tho)
When returning the verdict, the jury’s decision is based on a majority rule.
T/F
F
NO, the decision must be unanimous or else it is a hung jury and is considered a mistrial
If the jury cannot reach a verdict by the end of the day, the jury will go home and return to deliberate the following morning.
NO, you will not be allowed to go home and will be transported to a hotel and this is to stay away from outside influence and while in deliberation role they cannot communicate with anyone except jurors
The jury gives reasons for their decision.
NO, they give very few words “guilty or not guilty”. A judge does give reasons for their sentence
The jury plays a role in sentencing.
NOPE
2nd degree can recommend 10-25 year range
Jurors can discuss the case with others after the jury has been discharged.
NO, you cannot discuss the case. It is legally binding. In Canada you are forbidden about talking about evidence details during jury deliberation.
As of Jan 2023 bill S(206) does what
allow jurors to receive mental health help
WHAT ARE SPECIALIZED COURTS?
working with distinctive groups of offenders, including people with mental illnesses or individuals convicted of specific offences such as domestic violence.
