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Chapter 7

PSYCH 3CB3 Chapter Notes - Chapter 7: Takers, Killer Women, Blood Transfusion

Course Code
Steven Brown

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Chapter 7: Juries
Criminal cases
o An act was allegedly committed as found in the criminal code of candad
o Can be heard by jury or judge
o The process of judy slection and decision rules are ver diffrn then civil cases
Jury trials for civil cases can have fewer jurors
Verdict do not have to be unanimous for civil cases
Civil cases
o Breach of contract or other calims of harms (known as torts)
o Can be heard by a jury or judge
Jury Selection in CND:
Selected = seated when we are talking about juroros
The Case Heard by Jurries
o Only some type of offenses can proceed with jury trials
o There are 3 types of offences in Canada
Summary offences
Senteces of less than six months in prison
Fine of less than 2000
For some offences the max sentence is 18 months
The defendant does not have the right to a jury
Indictable offences
Three categories:
Judge alone
o Less serious
o Section 553 of criminal code
o Theft, failure to comply with probation officer, obtaining money or
property through false pretencces
Tried by Judge and Jury
o Treason, murder, piracy
o Exception under section 473 of criminal code
If the attorney general and the accused agree the trial can
proceed without a jury the judge alone can try the case
The accused can choose judge or jury
o Offences are not listed in either 553 or 469
o Robbery, arson, sexual assult with a weapon
o The defendant has the option
Be tried by a provincial or territprial court judge
without a jury
without preliminary inquiry

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Be tried by a judge
No jury
Have a preliminary inquiry
Judge and jury
To have a prelim inquiry
Of a defendant does not decide this is the default
Hybrid offences
Cross btw indictable and summary offences
Sentences if 5+ years if they proceed by indictment (ie you get the
choice of court type)
If the crown proceeds summarily the max penality is 6 months and 18 in
some cases (such as sexual assault)
o Trial by judge only
Its up to the crown = prosecutors
Jury Selection
o Jury Act provincial and territorial legistlation
outlines the eligibility criteria for jury service
o Eligibility
Cnd citizen
Live in Ontario
Be at least 18 years p;d
o Ineligible
Member of
Privy council of Canada, exec council of Ontario,
senate, house of common or legislative assembley
Judege, justice of peace, barrister, solicitor, law student
Medical doctor, veterinary surgeon
Works in law enformcmetn
Physical or mental disability that may prevent
Convicted of indictable offence and not been pardoned
o Eligible
Cbd citized of bc
19 years old
o Ineliblablge
Police officer, lawyer, employee of certain government
Convicted of certain criminal offences within the last 5 years
o Exemptions
Over the age of 65 can choose if they want to or not

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Health reasons
Full time students
o Exclusion criteria
Summoned as a witness or may be a witness or has some sort of
interest in the case is ineledgible
If you served as a juror less than 3 years ago (ontario)
o 2 years in BC
Serving as a juroro could cause you extreme hardship a nursing
Limited ability to speak or understand English
Firm travel plans
o governed by federal law
o a set of random names from a community are determined often by telephone directories or
voters lists
o prosective jurors receive a jury summons
court order that states a ttime and place for jury duty
receiving a jury summons does not guarantee that you will be a juror
you just have to show up prepared to be a juror
if you do not show up to a juror summon you may be subject to a severe legal penalty
such as a fine or jail time
o when you arrive for the juror summon
given a number
escored to a room with other potential jurors
you are not allowed to talk,eat or drink while in this room
the judge will explain the jury selection procees
in Canada criminal trials have a 12 person jury
o If you are selelcted from the juror pool you will be a juror unless one of the lawers presents
a challenge
2 typpes of challenges
Premptory challenge
o Crown and defence are limited in how many of these they can issue
o Murder trials each gets 20
o Other trials each gets 12
o Used to reject juror why they bleeve are unlikely to reach a verdict in
their favour
o No reason is needed
Challenge for cause
o The laywer must give a reason
o Keep in mind lawyers have very limited data about poteltial jurors
o Name, occupation, address, physical demeanour
o In most provinces lawyers cannot ask questions
o If a juror is sucefully challenged her or she will go back to the room
with the other who have not been sleectied a prospective juroro who
has been challenged may still be used in another case
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