Textbook Notes (368,566)
Canada (161,966)
Psychology (1,899)
PSY344H5 (46)
Chapter 7

Chapter 7 - Juries: Fact Finders

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Dax Urbszat

NotesFromReadingCHAPTER7JURIESFACTFINDERSPGS184213INTRODUCTIONIn Canada the courts deal with both civil and criminal casesCivil CasesCriminal CasesWhat is itCivil cases are those that involve a breach Criminal cases are those in which an act was of contract or other claims of harm allegedly committed as found in the Criminal known as tortsCode of CanadaSimilaritiesCivil cases can be heard by jury or judge alone as with criminal casesDifferencesJury trials can have 68 membersJury trials can have 23 jury membersJURY SELECTION IN CANADAThe Cases Heard by JuriesIn Canada relative to the total number of trials that take place only a few are tried by jury The remainder of trials are heard and ruled on by judges aloneType 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 sexual assault with a weapon3 Hybrid OffencesThese offences are a cross between indictable offences and summary offences The maximum sentence is 5 years or more in prison if they proceed by indictmentIf the Crown proceeds summarily the maximum penalty is 6 months or 18 months in some cases such as sexual assault It is up to the Crown attorney to decide whether to proceed with the case as an indictable offence or a summary offence If the Crown opts for a summary offence judge alone tries the case and the defendant does not have the right to a jury trial Jury SelectionJuries Act Provincial and territorial legislation that outlines the eligibility criteria for jury service and how prospective jurors must be selected Jury Summons A court order that states a time and place to go for jury dutyoChoosing to not show up can result in a penalty such as a fine or prison timeThere are 2 types of challenges lawyers can use to reject a potential juror1Peremptory ChallengeThe Crown or defence can use a peremptory challenge to reject juror who they believe are unlikely to reach a verdict in their favour Lawyers have a limited number of peremptory challenges Ex In murder trials each side has 20 peremptory challenges whereas most other crimes each side has 122Challenge for Cause The lawyer must give a reason for rejecting the prospective juror
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