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Lecture 6

PSY328H5 Lecture 6: Lecture 6
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4 Pages
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Department
Psychology
Course Code
PSY328H5
Professor
Will Huggon

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Lecture 6 - Jury Selection and the Challenge for Cause
Jury Functions1. To use the wisdom of 12 to reach a verdict
- British common law system - 12 people who could back you - evolved to 12 strangers 2. To act
as the conscience of the community
- community from where the crime took place, not where the defendant or victim are from 3. To
protect against out of date laws
- ex - abortion law was changed because 3 juries found the Dr. not guilty even after he admitted
it 4. To increase knowledge of the justice system
Empanelling a Fair Jury 1) Representativeness
- want to represent the community they are involved with - difficult - classism = jury picking
filter out lower SES- jury does not have to and does not usually represent the ethnic
composition of the area in which the crime happened - voter registration = young people vote
less than older people = older jury - students are rarely chosen- enumeration lists = favors those
who own a home & have lived there for ages - misses those who rent or move a lot - can't be on a
jury if = doctor (work too important), law degree (too involved in legal system = not impartial)
2) Impartiality- must not be biased, & if they are they must be able to set it aside & decide the
case on evidence presented at trial alone - false - everyone has bias = we perceive the world
based on our own experiences and genetic predispositions- you can be biased (attitudes) but not
impartial --- prejudice (belief) - discrimination (act)
Jury Selection- jurors polled at the start of JS to ensure they have no connection to the case or
relationship w/ anyone who has connection
Canada vs. - most cases are judged without a jury
- presumption that jurors are impartial & not biased - lawyer only knows juror name, address,
occupation - jurors do not make decisions about sentencing
Trial Consultation Jury Selection Mock Trials
USA- juries are used much more often- think jurors are inherently biased & must be
challenged- hire juror consultants & ask 40 pages worth of personal questions - jurors choose
sentences - judge can overrule but usually doesn't
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Description
Lecture 6 Jury Selection and the Challenge for Cause Jury Functions 1. To use the wisdom of 12 to reach a verdict British common law system 12 people who could back you evolved to 12 strangers 2. To act as the conscience of the community community from where the crime took place, not where the defendant or victim are from 3. To protect against out of date laws ex abortion law was changed because 3 juries found the Dr. not guilty even after he admitted it 4. To increase knowledge of the justice system Empanelling a Fair Jury 1) Representativeness want to represent the community they are involved with difficult classism = jury picking filter out lower SES jury does not have to and does not usually represent the ethnic composition of the area in which the crime happened voter registration = young people vote less than older people = older jury students are rarely chosen enumeration lists = favors those who own a home have lived there for ages misses those who rent or move a lot cant be on a jury if = doctor (work too important), law degree (too involved in legal system = not impartial) 2) Impartiality must not be biased, if they are they must be able to set it aside decide the case on evidence presented at trial alone false everyone has bias = we perceive the world based on our own experiences and genetic predispositions you can be biased (attitudes) but not impartial prejudice (belief) discrimination (act) Jury Selection jurors polled at the start of JS to ensure they have no connection to the case or relationship w anyone who has connection Canada vs. most cases are judged without a jury presumption that jurors are impartial not biased lawyer only knows juror name, address, occupation jurors do not make decisions about sentencing Trial Consultation Jury Selection Mock Trials USA juries are used much more often think jurors are inherently biased must be challenged hire juror consultants ask 40 pages worth of personal questions jurors choose sentences judge can overrule but usually doesnt
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