The Role of the Jury

Juries

Fundamental to our Fundamental to our justice systemjustice system

12 people are 12 people are chosen at random chosen at random for a criminal trialfor a criminal trial

Will listen to Will listen to testimony in a testimony in a courtroom to courtroom to determine guilt determine guilt beyond a beyond a reasonable doubt or reasonable doubt or innocenceinnocence

Qualifications

People who can be Jurors: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:People who cannot be Jurors:

Elected officials and people working in the justice system such as lawyers, police, 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 Nova Scotia are selected from the Health Registration List

A large group of randomly selected citizens from which a jury is selected from is known as a jury paneljury panel

ArraignmentArraignment 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

Jury Selection

Steps:

1) Potential jurors names from jury panel are randomly drawn

2) Person drawn goes before the court and faces the accused

3) Crown and defence may object to a potential juror

4) Either counsel may make a challenge for a causechallenge for a cause

Challenge for a cause Challenge for a cause is the right of the crown or the accused to exclude someone from a jury for a particular reason such as:

1) Already has formed an opinion about the case

2) Physically unable to perform jury duty

3) Has been convicted of a serious offence

Each side is given an unlimited number of challenges for a cause

Jury Selection

Steps:

5) A juror could be accepted as suitable and impartial but still dismissed by the Crown or defence with a peremptory peremptory challengechallenge

6) The 12 selected jurors take the juror’s oath

A peremptory challenge 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 A reason for the peremptory challengeperemptory challenge