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Canada (158,169)
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PSYC 3310 (60)
Chapter 7

PSYC 3310 Chapter 7: Chapter 7

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York University
PSYC 3310
Jennifer Bazar

Chapter 7 Canada juries used in both criminal and civil cases Criminal cases right to trial by jury (preserved in Canadian charter of rights and freedoms) Civil trials right to jury is not specifically preserved in the Charter, its use has slowly declined in the last 200 years Civil juries not used at all in Quebecs civil law system Canadian Criminal Code divides offences into 3 broad categories 1. Summary Offences least serious, tried in a lower court by judge alone, accused has no right to a jury trial (eg. Disturbing the peace, solicitation of prostitution, assault) Punishable by no more than 6 months in jail, a fine, or both 2. Indictable Offences most serious, tried in superior court before a judge and jury (eg. Murder, treason, piracy) 3. Hybrid Offences majority of other offences, either way offences, proceed either summarily (by judge) or by indictment (judge + jury) In cases where the Crown elects to proceed by indictment, the max sentence available on conviction will be much higher than if the Crown had proceed summarily If the crown doesnt proceed by indictment accused has the choice of how they will proceed (by judge or judge and jury) Role and Function of the Jury Jury = fact finders Jurys duty determine the facts from the evidence presented at trial, apply those facts to the law, in order to reach a verdict Criminal jury = 12 people Must unanimously agree on the verdict Because jury verdicts are rendered by members of the community, the jurys legal decisions about guilt or innocence, have greater legitimacy or public acceptance than the decisions of a lone judge Jury serves as the communities conscience, jury usually selected from the community in which the crime was committed In morally or socially controversial cases (abortion, euthanasia) the jurys decision can often send a powerful message to the government regarding the communitys sentiments
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