Criminal Law Chapter Study Notes

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Jury
• A group of citizens sworn to hear testimony and evidence at a trial and decide if the defendant is guilty or not of committing the crime(s) Trial by Jury
• The fate of the accused is determined by peers
How is a jury selected?
• Through a process called empanelling:
A list of jurors is created from a list of people living in the area where the court is located 1. 75-100 names from the list are randomly picked
2. These people are summoned to appear in court by notice from the sheriff (failure to appear could result in being criminally charged) 3. Start of trial-perspective jurors assemble in courtroom
4. Each prerspective juror steps forward once name is read
5. Defense and crown prosecutor can accept or reject the jurors • 12 jurors (except NWT and YT=6)
• People serving on jury are usually between 18 and 69, and speak English/French. • Judge may exempt anyone with a personal interest/relationship in the case • The jurors must decide to acquit or convict the accused beyond a reasonable doubt (that is accused is guilty according to common sense as applied to the criterion/law) • Deliberations means: To discuss the aspects of a trial by carefully considering and reflection on the trial by carefully considering and reflection on the facts given; this can be done by a judge or jury. • A jury Foreperson is the man or women who’s peaks on behalf of the jury and tries to maintain order during deliberations; usually elected by the jury members. • A jury’s decisions must be unanimous. All members of the jury must become one mind in their decision. • A jury may become sequestered in the event that the court/judge feels that they are being unduly influenced by environmental factors outside of the courtroom. A Jury’s Verdict

1. Hung Jury: Jury cannot agree, a new trial must take place. 2. A unanimous decision in which the accused is found guilty or Not. Benefits of a jury
-people bring different and fresh perspectives to a case
-confirm...
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