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Carleton University
LAWS 4903

Jan 8thIntroduction and HistoryIntroductionSCJ 5 JURY TRIAL judge alone or jury OCJ95murder trials have to be jury trial can apply for judge alone but very rarewhen deciding judge alone or jury its important to consider case who is crown who is judge coaccused etc jury is the trial of facts judge is trial of law jury serves asbetter collective memoryfinder and tryer of factsallowed to take notesencouraged to conscious of communityrespresentative of communityhave to take the law as it is Judge gives defintion and jury has to follow it exactly s649 of CCsecrecy punishable by law s11you have the right to benefit of a jury trial Mcgregor casedefence argued for judge alone trial because of psychiatric evidenceruled that is was appropriate you can waive your right for jury trial but not easyalternates in Canada dont sit through trials like in the US can have minimum 10 jurors with usually 2 alternates s11 d imparalityMarshall caseentitled to impartial jury Occupationa number of profession are barred from jury selection including doctors police officers lawyerstoo influential law students can sit on jury as long as theyre not graduated from law schoolHistoryBlackstone vicitim fine surchargefine that goes to victim serviceharper passed a law that changed it from 15 to 30 and it cant be waivednormansbrought inquest compose a group of peoplejury trials have stood the test of timeother methods were unfair trial by ordeal trial by battle etcJan 15th Lecture Comparative LawCases that qualify for Jury Trials 11 or 1121 rule passed by Harper 2 years ago Mandatory miminum sentences especially for possession of a firearm s265 3 of 9 judges have to have sat on the Quebec Court of Appeal or QSC and be a Quebecker Lawyer from Toronto is appealng thisThe definition of prostitution has recently been challenged Not allowed to talk for the purposes of soliticing but prostitution itself is not a crime The SCC upheld it Just recently it was argued that since prostitution is legal the 3 laws that make it illegal make it difficult for them to do their job ieprotection idea behind a jury in England wanted local people because they were best representative Now its the opposite if you know the accused the victim you wont be able to be on the jury Inquistorial systemaccusation brought against you and you gotta prove you didnt do it 3 judges which 1 is the prosecutor
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