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Lecture 6

PSY328H5 Lecture 6: Lecture 6

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Will Huggon

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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 To protect against out of date laws ex abortion law was changed because 3 juries found the Dr.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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