Trial By Jury. Stages In a Trial by Jury Accused is arraigned Jury is selectedJudge addresses jury...

Trial By JuryTrial By Jury

Stages In a Trial by JuryStages In a Trial by Jury

Accused is arraigned

Jury is selected Judge addresses jury and instructs them to pick a foreperson

Crown presents opening

statement

Crown examines witnesses

Defence cross-examines

Defence can bring a motion for dismissal. If judge agrees a directed verdict of not guilty is made If judge doesn’t the trial continues

Defence presents

surrebutal

Crown rebutsDefence examines witnesses and the

Crown cross-examines

Defence presents opening statement

Closing argumentsCrown closes first if defence

has not called witnesses otherwise defence closes first

Judge charges jury

Jury returns a verdict

Jury deliberates

Jury is selected

Steps in Jury SelectionSteps in Jury Selection

1.1. You receive a summons You receive a summons

2.2. You enter the courtYou enter the court

3.3. Names are drawn at randomNames are drawn at random

4.4. Some are challenged and dismissedSome are challenged and dismissed5.5. Some are dismissed on peremptory Some are dismissed on peremptory

challengechallenge

6.6. You take the juror’s oathYou take the juror’s oath

7.7. Jurors select a forepersonJurors select a foreperson

8.8. The judge explains the trial processThe judge explains the trial process

9.9. The trial beginsThe trial begins

10.10. The judge charges the juryThe judge charges the jury

11.11. Jury reaches a verdict Jury reaches a verdict

Jury DutyJury Duty

Serving on a jury is a fundamental duty in Serving on a jury is a fundamental duty in our society. The system collapses our society. The system collapses without citizen participationwithout citizen participation

To qualify as a jurorTo qualify as a juror

you must be:you must be:

1.1. A Canadian citizenA Canadian citizen

2.2. 18 years of age minimum18 years of age minimum

3.3. Registered on the list of electorsRegistered on the list of electors

The following cannot serve on a juryThe following cannot serve on a jury JudgesJudges Court workersCourt workers PoliticiansPoliticians Peace officers and fire fightersPeace officers and fire fighters LawyersLawyers CoronersCoroners People with mental disabilities or mental illnessPeople with mental disabilities or mental illness People not fluent in French or EnglishPeople not fluent in French or English People charged with or convicted of a criminal People charged with or convicted of a criminal

offenceoffence

The Sheriff or judge can exclude a potential juror for The Sheriff or judge can exclude a potential juror for a number of reasons. Example: Financial hardshipa number of reasons. Example: Financial hardship

Empanelling a JuryEmpanelling a Jury1.1. A list of jurors is createdA list of jurors is created

2.2. Prospective jurors assemble in the Prospective jurors assemble in the courtroom at the start of trailcourtroom at the start of trail

3.3. Judge determines what questions the Judge determines what questions the jury may be askedjury may be asked

ChallengesChallengesThe Crown or defence canThe Crown or defence can

challenge a prospective challenge a prospective

juror to ensure the best juror to ensure the best

jury is createdjury is created

Challenge for Cause (no limit)Challenge for Cause (no limit)Lawyers can challenge a potential juror Lawyers can challenge a potential juror

because they feel the person might be because they feel the person might be biased in some way in some way

Peremptory ChallengePeremptory ChallengeBoth sides can reject potential jurors Both sides can reject potential jurors

without giving a reasonwithout giving a reason

Murder Trial ~ 20 PeremptoryMurder Trial ~ 20 Peremptory ChallengesChallenges

5+ Years ~ 12 Challenges5+ Years ~ 12 Challenges

Under 5 Years ~ 4 ChallengesUnder 5 Years ~ 4 Challenges

Advantages of Trial by JuryAdvantages of Trial by Jury Verdict must be unanimous therefore Verdict must be unanimous therefore

defence only needs to convince one defence only needs to convince one jurorjuror

Jurors may empathize more with the Jurors may empathize more with the accused than a judgeaccused than a judge

Jurors may be challenged which might Jurors may be challenged which might help keep the jury impartialhelp keep the jury impartial

A good defenceA good defence

lawyer knows how to lawyer knows how to

work a jurywork a jury

Disadvantages of Trial by JuryDisadvantages of Trial by Jury Jurors can be very prejudicedJurors can be very prejudiced They can be influenced by They can be influenced by

appearance, race and the charge appearance, race and the charge against the accusedagainst the accused

A good Crown attorney can sway a A good Crown attorney can sway a juryjury

Legal technicalities my confuse a juryLegal technicalities my confuse a jury Jury does not have toJury does not have to

justify their decisionjustify their decision

Juror CompensationJuror Compensation Government employers and some big Government employers and some big

companies will continue to pay a companies will continue to pay a person’s wageperson’s wage

In Ontario, they receive: zero for the In Ontario, they receive: zero for the first 10 days; $40 a day for the next first 10 days; $40 a day for the next 39 days; $100 a day after that.39 days; $100 a day after that.

Undue hardship due to finances is a Undue hardship due to finances is a legitimate reason for getting out of legitimate reason for getting out of jury dutyjury duty

Individuals who run their own Individuals who run their own business can run into financial business can run into financial difficultydifficulty

Adversarial SystemAdversarial SystemBoth systems have a judge who can ask questions. Both systems have a judge who can ask questions.

Both seek the truth Both seek the truth

The judge can ask the accused questionsThe accused must answerquestionsThe accused may not bepresumed innocentThe judges seek the truthThe accused has limited rights

The judges role is limitedThe accused can remain silentThe accused is presumed innocentThe burden of proof is on the crownOne side wins the other losesThe accused has many rights

AdversarialInquisitorial

Judges InstructionsJudges InstructionsAccused is arraigned

statement

Defence presents

surrebutal

Judge charges jury

Jury deliberates

Judge instructs Jury

Judge’s Instructions

Crown’s Opening StatementCrown’s Opening StatementAccused is arraigned

statement

Defence presents

surrebutal

Judge charges jury

Jury deliberates

statement

Opening Statement

Crown outlines their case for the juryCrown outlines their case for the jury

statement

Defence presents

surrebutal

Judge charges jury

Jury deliberates

Direct Examination

This is the first examination of a This is the first examination of a witness. witness.

Cross Examination by the by the defencedefence

This is when the Defence gets to re-This is when the Defence gets to re-question the Crown witnesses. question the Crown witnesses.

Two basic types of evidence: Two basic types of evidence:

1) 1) Direct EvidenceDirect Evidence & &

2) 2) Circumstantial EvidenceCircumstantial Evidence

Evidence

The best evidence, The best evidence, Direct Evidence,Direct Evidence, is usually obtained from a witness is usually obtained from a witness who actually saw the offence. who actually saw the offence.

Eyewitnesses may be good in court but Eyewitnesses may be good in court but they are often not very they are often not very accurate

Suspect Identification TestSuspect Identification Test

http://www.psychology.iastate.edu/~glwells/theeyewitnesstest.html

Witness attention testWitness attention test

http://www.youtube.com/watch?v=vJG698U2Mvo&feature=related

University Law Study

http://www.youtube.com/watch?v=rSzPn9rsPcY&feature=related

It is any evidence that directly links It is any evidence that directly links the defendant to the crime the defendant to the crime committed.committed.

Circumstantial evidence indirectly Circumstantial evidence indirectly helps to establish the guilt or helps to establish the guilt or innocence of a defendant through innocence of a defendant through logic. logic.

Examples of direct evidence might include fingerprints, DNA, Examples of direct evidence might include fingerprints, DNA, property of the defendant found at the crime scene, video or tape property of the defendant found at the crime scene, video or tape recordings and eyewitness statements. recordings and eyewitness statements.

Many criminals are intelligent and knowledgeable enough to avoid Many criminals are intelligent and knowledgeable enough to avoid leaving direct evidence of their crimes.leaving direct evidence of their crimes.

Circumstantial Circumstantial evidenceevidence plays a major plays a major role in most cases. role in most cases.

Example: You are Example: You are standing outside a bank, standing outside a bank, and see a person run and see a person run into the bank with a gun into the bank with a gun and a bag. You hear and a bag. You hear shots, then see the same shots, then see the same person run out of the person run out of the bank.bank.

Your circumstantial Your circumstantial evidence is crucial. evidence is crucial.

It is not direct It is not direct evidence because evidence because you did not actually you did not actually see the robbery. see the robbery.

Similar-Fact EvidenceSimilar-Fact Evidence The crown cannot introduce evidence The crown cannot introduce evidence

about the past crimes of the accused about the past crimes of the accused unless the past offences can be proven to unless the past offences can be proven to be similar in nature. be similar in nature.

This may have to be proven in a This may have to be proven in a voir dire.voir dire.

Voir DireVoir Dire

This is a mini-hearing to determine the validity of This is a mini-hearing to determine the validity of evidence. The jury is excused and lawyers will evidence. The jury is excused and lawyers will argue why or why not evidence should be argue why or why not evidence should be admissible. This is often done at the start of a admissible. This is often done at the start of a trialtrial

Example: A voir dire is called to determine if new Example: A voir dire is called to determine if new robbery charges are similar to past convictions.robbery charges are similar to past convictions.

Character EvidenceCharacter Evidence The crown may try to prove an The crown may try to prove an

accused was likely to commit a crime accused was likely to commit a crime because they are of questionable because they are of questionable character. This is generally not character. This is generally not allowed.allowed.

The defence The defence isis allowed to allowed to

introduce evidence that the introduce evidence that the

accused has good character accused has good character

and is unlikely to haveand is unlikely to have

committed the offence. committed the offence.

Example:Example: Jane Doe has been a Girl Guide leader for 5 years. She helps run a shelter for abused women and Jane Doe has been a Girl Guide leader for 5 years. She helps run a shelter for abused women and does volunteer work at the community center with handicapped children. does volunteer work at the community center with handicapped children.

If the defence introduces If the defence introduces

Character evidence the crownCharacter evidence the crown

can then introduce their own can then introduce their own

character evidence in their character evidence in their

rebuttal. rebuttal.

ExampleExample: Jane’s neighbour testifies : Jane’s neighbour testifies that Jane is often seen drunk and that Jane is often seen drunk and smoking drugs with members of the smoking drugs with members of the local bike gang. She was once found local bike gang. She was once found passed out on a bench by the passed out on a bench by the elementary school. elementary school.

The neighbour snapped this photoThe neighbour snapped this photo

Hearsay EvidenceHearsay Evidence is evidence of what is evidence of what someone other than the witness said. someone other than the witness said.

Example:Example: Jane is a crown witness. She states Jane is a crown witness. She states that Jill told her she saw Jim kill John.that Jill told her she saw Jim kill John.

~ ~ This may not be admissible~This may not be admissible~

It is admissible if the hearsay comes directly It is admissible if the hearsay comes directly from the accused.from the accused.

Example:Example: Jane is a crown witness in Jim’s Jane is a crown witness in Jim’s murder trial. She states that Jime told her he murder trial. She states that Jime told her he killed Johnkilled John

HearsayHearsay is also is also admissible if it comes admissible if it comes from a person who is from a person who is about to die.about to die.

Example:Example: Jane is a Jane is a crown witness. She crown witness. She states that Jim, dying states that Jim, dying from a knife wound, from a knife wound, tells her that John tells her that John stabbed him.stabbed him.

Exclusion of Evidence Exclusion of Evidence An accused cannot be forced to testify at their own An accused cannot be forced to testify at their own

trial.trial. In most cases a spouse cannot be forced to testifyIn most cases a spouse cannot be forced to testify Communication between spouses is privilegedCommunication between spouses is privileged

Conversations between clergy and doctors Conversations between clergy and doctors can be used as evidence. (Court order)can be used as evidence. (Court order)

Testimony in one trial cannot be used against Testimony in one trial cannot be used against the person testifying in another trial unless the person testifying in another trial unless it’s for perjury.it’s for perjury.

WiretapsWiretaps or video surveillance can be used as evidence but or video surveillance can be used as evidence but require a court orderrequire a court order

Cellphone tracking, texts, computer records will all be usedCellphone tracking, texts, computer records will all be used

Polygraph evidence evidence (lie-detector) cannot (lie-detector) cannot be used in court but can be used for a court be used in court but can be used for a court order for a wiretap or searchorder for a wiretap or search

Illegally obtained evidence Illegally obtained evidence can be used in can be used in a trial unless it’s admission brings justice into a trial unless it’s admission brings justice into disrepute. This is the judges decision and disrepute. This is the judges decision and they will often will quash the evidence if it they will often will quash the evidence if it violated the charter. violated the charter.

ConfessionConfession

Confession’s made after a legal arrest and Confession’s made after a legal arrest and after a suspect has waived their right to an after a suspect has waived their right to an attorney can be very powerful evidence. attorney can be very powerful evidence.

Some confessions are ruled Some confessions are ruled inadmissible

Plain view evidencePlain view evidence is evidence is evidence that can be seen by the police even that can be seen by the police even though they may not be searching though they may not be searching for it. for it.

Example: Police stop Jane’s car for Example: Police stop Jane’s car for speeding and she has illegal drugs on speeding and she has illegal drugs on the seat. She can be charged with the seat. She can be charged with possession of narcotics using the possession of narcotics using the evidence. If the drugs were in a evidence. If the drugs were in a knapsack and the police knapsack and the police indiscriminately searched it the indiscriminately searched it the drugs may not be used as evidence drugs may not be used as evidence against her. against her.

This may require a voir dire

Opening Statement by Opening Statement by DefenceDefence

statement

Defence presents

surrebutal

Judge charges jury

Jury deliberates

Defence Opening

Defence Direct Examination & Defence Direct Examination & Crown CrossCrown Cross

statement

Defence presents

surrebutal

Judge charges jury

Jury deliberates

Defence examines witnesses and the

Direct Examination Direct Examination Defence

Cross Examination by the by the CrownCrown

RebuttalRebuttalAccused is arraigned

statement

Defence presents

surrebutal

Judge charges jury

Jury deliberates

Rebuttal

Rebuttal and Surrebuttal Rebuttal and Surrebuttal

Rebuttal is the negation of evidence Rebuttal is the negation of evidence or documents provided in a or documents provided in a proceedings by introducing counter proceedings by introducing counter evidence.evidence.

For example if John says he saw Jane For example if John says he saw Jane commit a crime and the defence calls commit a crime and the defence calls Sally who states Jane was with her Sally who states Jane was with her at the time of the crime at the time of the crime

SurrebuttalSurrebuttal

The Surrebuttal (if possible) counters The Surrebuttal (if possible) counters the rebuttalthe rebuttal

Example: The Crown brings in Dave Example: The Crown brings in Dave who claims Sally told him she was who claims Sally told him she was going to lie to protect Jane going to lie to protect Jane

Closing ArgumentsClosing ArgumentsAccused is arraigned

statement

Defence presents

surrebutal

Judge charges jury

Jury deliberates

Closing Arguments

The SummationThe Summation

Known as the closing argumentsKnown as the closing arguments Crown goes first if the defence called no Crown goes first if the defence called no

witnesseswitnesses No new evidence can be introducedNo new evidence can be introduced

Johnny Cochran

The Verdict

Judge’s ChargeJudge’s ChargeAccused is arraigned

statement

Defence presents

surrebutal

Judge charges jury

Jury deliberates

Judge Charges jury

Charge to JuryCharge to Jury

DeliberationDeliberationAccused is arraigned

statement

Defence presents

surrebutal

Judge charges jury

Jury deliberates

Jury Deliberates

Jury DeliberationJury Deliberation

VerdictVerdictAccused is arraigned

statement

Defence presents

surrebutal

Judge charges jury

Jury deliberates

The Verdict

The VerdictThe Verdict

Not GuiltyNot Guilty

You are released from custodyYou are released from custody You do not receive any compensation You do not receive any compensation

for your legal fees or time spent in for your legal fees or time spent in prisnonprisnon

GuiltyGuilty

A pre-sentence report is prepared unless a A pre-sentence report is prepared unless a first degree murder conviction is found first degree murder conviction is found which has an automatic life sentence with which has an automatic life sentence with no possibility of parole for 25 yearsno possibility of parole for 25 years

Victim Impact StatementsVictim Impact Statements

http://www.globalnews.ca/video/victim+impact+statements+at+rafferty+sentencing/video.html?v=2235224714#canada

Rafferty Case

Main goals of SentencesMain goals of Sentences

1. Retribution1. Retribution

Punishing an offender to avenge a crime Punishing an offender to avenge a crime (revenge)(revenge)

2. Deterrence (specific)2. Deterrence (specific)

Discourages the convict from committing Discourages the convict from committing another crimeanother crime

3. Deterrence (general)3. Deterrence (general)

Discourages others from committing crimesDiscourages others from committing crimes

4. Protection of the Public4. Protection of the Public

When a convict is locked up they canWhen a convict is locked up they can’’t harm t harm the publicthe public

5. Rehabilitation5. Rehabilitation Treating the problems that cause the Treating the problems that cause the

criminal behaviourcriminal behaviour Educational programsEducational programs Drug treatmentDrug treatment Anger ManagementAnger Management Psychiatric therapyPsychiatric therapy

6. Restitution6. Restitution

The offender pays back to the victim or The offender pays back to the victim or society for harm or loss sufferedsociety for harm or loss suffered

7. Denunciation7. Denunciation

Punishment designed to show condemnation Punishment designed to show condemnation of the offenderof the offender’’s conducts conduct

Judges have a good deal of flexibility when Judges have a good deal of flexibility when determining a sentence. They must determining a sentence. They must consider mitigating and aggravating consider mitigating and aggravating circumstances circumstances

Mitigating FactorsMitigating Factors are any evidence are any evidence presented regarding the defendant's presented regarding the defendant's character or the circumstances of the character or the circumstances of the crime, which would cause the judge to crime, which would cause the judge to give a lesser sentence.give a lesser sentence.

ExamplesExamples Absence of violenceAbsence of violence ConvictConvict’’s ages age Past abusePast abuse Mental impairment Mental impairment

Aggravating FactorsAggravating Factors are any relevant are any relevant circumstances, supported by the evidence circumstances, supported by the evidence presented during the trial, that makes the presented during the trial, that makes the harshest penalty appropriateharshest penalty appropriate

ExamplesExamples Excessive violenceExcessive violence CrueltyCruelty Abuse of powerAbuse of power Age of victimAge of victim

Example

Robert Picton was convicted of 2nd Degree murder.

The sentence can be 10 – 25 years.

Picton received the maximum due to the level of violence used and the number of victims

Trial By Jury. Stages In a Trial by Jury Accused is arraigned Jury is selectedJudge addresses jury...

Documents

Transcript of Trial By Jury. Stages In a Trial by Jury Accused is arraigned Jury is selectedJudge addresses jury...

The criminal jury trial process in florida

Criminal Jury Trial Process In California

An Essay on the Trial by Jury

Jury Trial Outline - Harvard University · Web viewThe jury trial adversarial process was designed to ensure both fairness and efficiency. The rules governing the jury process were

Guide to Jury Trial Practice

SUMMARY - Superior Court of California - County of … Costa County 2014-2015 Grand Jury Report 1510 Page 1 Grand Jury Reports are posted at Contact: Sherry Rufini Foreperson ...

Class Action Complaint and Jury Trial Demand

Roger Clemens trial jury instructions

Trial by Jury or Judge: Transcending Empiricism

History of Trial by Jury

Trial by Jury: The New Irrelevant Right

Chapter 3 The Court System. The Right to a Jury Trial Jury Jury Why would someone want this? Why would someone want this? Bench Trial Bench Trial Held.

Jury Trial Demanded United States District Court

Trial by Jury: The New Irrelevant Right · Allan Arbman, et al.,Trial by Jury: The New Irrelevant Right, ... Trial by jury, according to Holdsworth, originated out of the custom of

One-Day_One-Trial Jury Recommendation

The jury trial process in florida

Jury Trial Disparities Between Class Actions and ...

CHAPTER 4 JURY DELIBERATIONS; VERDICT FORMS...After you get to the jury room you shall select one of your members to be the foreperson of the jury. That person will be in charge of

Martin MacNeill Trial Jury Instructions

A Manual on Jury Trial Procedures