CRI365H1 Lecture Notes - Lecture 11: Supreme Court Of Canada, Abortion Clinic, Henry Morgentaler
8 Aug 2022
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Document Summary
Move away from mind of accused to mind of the juror. See shift from traditional legal conception of juror decision making to models which are based on psychological & subjectification models. Recent change in canadian practice for jury selection confirmed as constitutional by the supreme court of canada this october. Will discuss issues at stake in the change. Although there is a very ancient history of community members making collective justice decisions in the germanic peoples that made up the population of. England in early medieval period our jury system largely a product of practice emerging after this. Groups of leading members of english communities acting as character witnesses for the accused in trials before local lords. This morphed into them becoming triers of fact. Would have been all male, not representative of the whole community, just the propertied. Add local folk knowledge would have included hearsay & reputation in early days. (now evidence that we would exclude/would be inadmissible)
