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Lecture

Lecture 5


Department
Psychology
Course Code
PSY328H1
Professor
Huggons

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Psych Lecture 5
Study Proposal to be emailed in body, directly to Craig (TA)
Feedback is just going to be Yes or a No
you need 5 experimental papers that informs your reader on the topic
so if its eyewitness testimony, a paper just talking about memory is permissible
Has to be experimental, not correlational. Dont have to stick to this for the actual proposal.
Selecting a Jury in Canada
Role of Jury
Characteristics of Jury
Bias
Solutions
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In Canada most cases are judged without a jury, presumption that jurors are not biased and can be impartial
United States presumption that jurors are inherently biased and must be challenged.
In Canada jurors do not make decisions regarding sentncing.
When do we use a Jury?
Summary
Indictable
Hybrid
we only use juries in the most serious offences
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less than serious indictable offene
Summary
must be charged within 6 months
dont need a warrant to arrest the person for it
you dont have to submit fingerprints
max 6 months jail
you can get pardon after 3 years
usually summary offences are heard first in a provincial court, some exceptions indictable offence and smaller
summary offences tacked on to it
causing a disturbance, harrassing, obtaining services of a prostitute
these are summary offences
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Indictable Offences
more serious, no limit on charges
can arrest you whenver
but one exception Treason
if you are prosecuted by indictment, you are entitled to a jury for most offences
for minor offences 5000$ or less, you dont have the right
for purposes of test, indictable offence you have a right
you have a right to judge or jury
choice of jury or judge
right to a jury if crime punishable by 5 years or more
can get pardon 5 years after you get out
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Hybrid offences
before trial, crown decided whether you are going to be tried as indictable or summary
punishment between summary and indictable
maximum punishment 5 years or more
can be prosecuted either as a summary or indictable offence
impaired driving, assault and theft under 5000
if you have committed a whole bunch of crimes before- indictable
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if this is the first time you have done this- summary
once crown decides all the rules from before apply, if you are charged with indictable more than 5 years you
have right to jury if lesser than only judge
but when you lose right to jury you can only have 6 months max in jail - if it is summary, max of only 6
months
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vast majority of arrests are going to be summary offences
ignore civil trials, mostly these go by judge
criminal cases 2/3 of them are resolved without trial, they plead guilty
for the other 1/3rd about half pick jury half use judges
majority of these are serious crimes
---
Function of the jury
to render a legal verdict
specific legal function of the jury is to decide facts from trial evidence presented and to apply the law, law is
supplied by the judge, using the law and evidence of case a verdict is rendered
--
Strengths of a jury
supposed to combine wisdom and perspective of 12 people, these guys must unanimously agree to reach a
verdict
Canada requires unanimous
From Community- legal decisions about guilt or innocence, these guys have more influence and their
judgement appears more fair
Serve as guardian against rigid law- they can make decision based on their own appraisal of the stuff
juries in Cnada dont have to justify their decision
if it passes through the decision is going to be cited at the next case- Common Law
80s Abortion and Euthanasia
even though it may be illegal, some juries overturn the law
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Jury does not sentence however that is the judges decision
exception- parole length in 2nd degree murder- no particular reason
Judge asks jurors to recommend a lenght ot time between 10-25 years, judge isnt bound by the number
get a feel for what the community might want
2nd degree isnt pre-planned or premeditated
--
Robert Latimer
killed his disabled daughter, 2nd degree murder
daughter was phsyically and mentally disabled
piped CO2 in truck, while he was sitting in it
jury convicted him of murder, he appealed
court didnt care
appeared that prosecutor had primed jury about religion
Supreme Court ordered new trial due to interference
they also applied to appeal his confession
after 2nd trial they found him guilty again
when asked for recommendation jury suggested 1 year
Judge felt sorry for Latimer, supposedly a mercy killing
Court granted 1 year, Ted Noble Judge gave Latimer a constitutional exception
Stare Decisis
this law is in Criminal Code
Judge knew there was going to be a rumble in legal community
he tried to distinguish in legal statement difference between mercy killing and cold blooded murder
he siad that if Latimer was given 10> years itd be cruel and unusual punishment
Homicide committed for caring reasons, he called it compassionate homicide
Latimer said daughter was in constant pain
but other said it was a burden for him thats why he killed them
Crown appealed judge decision
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