Textbook Notes (367,985)
Canada (161,540)
Psychology (9,695)
PSYC39H3 (201)
Chapter 7

Chapter 7 Notes

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David Nussbaum

Chapter 7: Juries: Fact Finders Crimninal cases: are those in which an act was allegedly committed as found in the Criminal code of Canada. Civil cases: those that involve a breach of contract or other claims of harm (know as torts). Types of cases Jury will hear: In Canada only a few types of trials are heard by jury, remained by judges alone. 3 Types of offences in Canada: 1. Summary offences: sentence = <6 months prison, sometimes up to 18 months, fine< $2000, no jury. 2. Indictable offences: 3 subtypes of indictable offences: a. Less serious : heard by judge alone, ex: theft (but not theft of cattle) and failure to comply to probation order. b. Highly serious: tried by judge and jury. Ex: treason, murder, and piracy. If attorney general and accused agree can be tried with judge alone. c. Indictable offences not listed above. Ex: robbery, arson, sex assault with weapon. Accused decides whether heard by jury, also the right to choose whether: i. Tried by provincial or territorial court, without jury, and without preliminary inquiry. ii. Have a preliminary inquiry, and tried by judge, no jury. iii. Have preliminary inquiry, and tried by judge and jury. 3. Hybrid offences: cross between indictable and summary offences. Max sentence = 5 or more yrs. Up to crown attorney to decide if indictable or summary. If summary tried by judge alone. Jury selection: Jury Act: Provincial and territorial legislation which outlines criteria for jury service, and how prospective jurors are selected. Juror governed by federal law. Random names from telephone books or voters lists selected Jury summons: a court order, states time and place for jury duty. No guarantee you will be selected. If you ignore, may incur serious legal penalty (fine or jail time) Arrive at courthouse Escorted to room with other potential jurors Not allowed to talk, eat, or drink In Canada 12 person jurors 2 Types of challenges lawyers can use to reject jurors: 1. Peremptory challenge: crown and defense have limited number of these. In murder trials=20 in most others=12. Lawyer allowed to use these to eliminate jurors not believed to help their case, no need for reason required. 2. Challenge for cause: in contrast, lawyer must give a reason for rejecting prospective jurors. a. Info given to lawyers about jurors is very limited to basic demographics. b. Not allowed to ask prospective jurors questions. c. Although prospective juror challenged, way still be selected for another trial. Juror payment: Very shitty! In B.C: www.notesolution.com
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