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MIDTERM 2 Review PSY344

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Dax Urbszat

4 Juries and Trial Consultation Lecture 4 and Chapter 7Civil CasesCriminal CasesWhat is itCivil cases are those that involve a breach of Criminal cases are those in which an act was contract or other claims of harm known as allegedly committed as found in the Criminal Code tortsof CanadaSimilaritiesCivil cases can be heard by jury or judge alone as with criminal casesDifferencesJury trials can have 68 membersJury trials can have 23 jury membersTRIAL CONSULTATIONTrial consultation involves the preparation and process in order to have the trial favour your side oJury Selection is a process in which lawyers select jury members that are the most biasest and impartial to help favour your side oWitness Preparation is the process of lawyers preparing their witnessesex How to say certain things or what to wear to court oTheory of Case is the decision to plea guilty not guilty selfdefence etc oCross Examination Techniques involves getting an individual in panic stage of anger or anxiousness oImpact of Pretiral Publicity involves the media tainting information and biases for future jury members oExpert Testimony help explain certain concepts that others need clarification inEX OJ Simpson Trialprosecution and defence had same idea of jury memberslater found guiltyEffectiveness of Trial ConsultantsoA study conducted by Olczak KaplanPenrod 1991 wanted to examine lawyers ability to detect bias in order to have a challenge for cause By comparing lawyers and students control group they found that lawyers were no better than students at detecting bias among jury members Therefore evidence suggests that going off of gut instinct is objective and therefore not the most effective way of doing thingsoAnother study found similar results where lawyers watched videotapes in order to detect biases Results showed that lawyers performed worse than chance at detecting biased jurorsoMoran CutlerDeLisa 1994 conducted a metaanalysis of trial consultations By looking at actual cases they estimated that trial consultation may account for 1015 of variance and may be marginally effective in equivocal cases So if a case can go either way with prosecution or defendant trial consultants are necessary of use where they can help break this tieJURY SELECTIONType of OffenceDescription 1 Summary OffencesInvolves a sentence less than 6 months in prison and a fine of less than 2000 For some offences the maximum sentence is 18 monthsNot tried by judge alone and defendant charged with summary offence does not have a right to a trial by jury2 Indictable OffencesLess serious indictable offences heard by a judge sitting alone This includes theft obtaining money or property by false pretences and failure to comply with probation order found in section 533 of the Criminal Code Highly serious indictable offences must be tried by judge and jury Offences include treason murder and piracy However an exception under section 473 of the Criminal Code indicates that if the attorney general and the accused agree the trial can proceed without a jury and a judge alone Some indictable offences the accused can choose whether the trial proceeds by judge and jury or judge alone These are indictable offences not listed in either section 553 or 469 of the Criminal Code such as robbery arson and
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