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PSY344H5 (18)


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Dax Urbszat

5TrialConsultationandJuriesTrial consultants are involved in jury selection witness preparation ex what the witness should say wear etc theory of case ie whether you should plead guilty innocent or claim insanity cross examination techniques pretrial publicity analyses and expert testimonyOJ Simpson murder trial he was accused of killing his wife Both the prosecution and defense hired trial consultants to help with jury selection The trial consultants on both sides came to similar conclusions but the prosecution dismissed their trial consultant because she didnt agree with what he said The jury ended up being very biased there were 2 men and 10 women 1 White 2 Hispanic and 9 Black Canadian courts deal with both civil cases involving a breach of contract or other claims and criminal cases causes committed that are found in the CCCThere are three types of offencesoSummary offences tried by a judge alone and involves a sentences less than 6 months in prison and a fin of less than 2000 oIndictable offences categorized by less serious tried by a judge alone high serious tried by a judge and jury and other the accused can choose to be tried with judge alone or judge and juryoHybrid offences a cross between summary and indictable offences Juries act provincial and territorial legislation that outlines the eligibility criteria for jury service and how prospective jurors must be selected ex must be over 18 and cannot be a police officer or lawyerJury summons a court order that states a time and place to go for jury duty Refusing to show up can result in a penalty such as a fine or prison time There are 2 types of challenges lawyers can use to reject a potential juroroPeremptory challenge the Crown or defence can reject jurors who they believe are unlikely to reach a verdict in their favour Lawyers have a limited number of peremptory challenges they can use oChallenge for cause lawyers must give a reason for rejecting the prospective jurorRepresentativeness juries must be composed of people that represent the community in which the crime occurred Representativeness is achieved through randomness The R v Nepose case was successfully challenged for having too few women Impartiality juries must not be biased on 3 main issues the juror must set aside any oreexisting biases must ignore any inadmissible evidence and must not have any connection to the defendant BIASESREMEDIESInterest bias occurs when the juror knows the people Change of venue move a trial to a community other involved in the trialthan the one in which the crime occurred Specific bias occurs when the juror has knowledge of Publication bans prevent a case from being the events of the case due to highly publicized mediadisplayed in the mediaNormative bias occurs when a community itself has a Adjournment delaying the trial until sometime in the bias due to the norms and standards of the future but witnesses memory may fade or they may communitys beliefmove away or dieGeneric bias a biased against a group and an Challenge for cause an option to reject biased jurors individuals affiliation with that group ex bias against The judge decides whether a challenge is warranted race sexual orientation mental illnesses etcand has final approval of any questions to be put to the juryJury selection involves conducting mock trials actors play out a trial focus groups deciding what jury should wear say how they should act etc surveys asking questions about the jurors beliefs how they feel about certain individuals how open minded they are etc questionnaire packages and data analysis Olczack KaplanPenrod 1991 discovered that in a challenge for cause lawyers were no better at detecting bias than students were In Canada most cases are judged without a jury Canadians believe that jurors are not inherently biased while US believes they are Canadian jurors are not allowed to make decisions regarding sentencing R v Parks case 1993 a Jamaican man was accused of killing a white man The defence team claimed there was biased against the Jamaican man The Ontario Court of Appeals took judicial notice that there is a realistic possibility that a juror will be influenced in the performance of his or her judicial duty on the basis of racial biasMETHODS USED TO STUDY JURIESPosttrial This is not used in Canada due to section 649 in the CCC which prevents jurors from interviewdiscussing trials but this method is common in the US Studies have found that many people base their judgements of sexual assault cases on extralegal information ex whether the victim had sex outside of marriage The problem with this method is that it is susceptible to retrospective accounts and that people may not appreciate or recognize the factors that contributed to their decision Archival analysisInvolves taking demographic information from various different sources Studies show that a black defendant is more likely to be treated harsher be found guilty and given longer sentences This method has a high level of external validity but cannot infer causationSimulationMost jury studies are simulations It involves actors simulating a trial and observing participants responses Studies show that when there are gory photos of the victims the offender is more likely to be found guilty Simulations are not very realistic but they allow us to manipulate variablesField studiesInvolves observing actual trials It has high external validity but receiving approval from the court for conducting the research is difficult and there are variables that researchers cant controlJury nullification occurs when a jury ignores the law and the evidence rending a verdict based on some other criteria For example a man who kills his mentally ill and suffering daughter out of mercy may not be found guilty Chaos theory states that when jurors are guided by their emotions and personal biases chaos in judgements resultsBoomerang effect by telling someone not to do something they are more likely to do it This occurs often when judges tell jurors to disregard inadmissible evidence
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