Law and Juries Essay

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December 3rd, 2008
LAWS – Make-up class

Legal Actors 2 – Judges and Juries

Juries
Two separate functions in tension:
1. Accuracy: Decide the facts of a case, and apply the law to these facts under the judge’s direction
Much more common in criminal trials. Bring in the jury to ascertain the facts.
Primary job is to listen and find out what really happened
2. Flexibility: A safeguard to resist applications of legal rules that would contradict the “conscience of the community”
Reflect the values of the community
Courtroom situation they bring the community’s soul, attitude towards right and wrong, the law. Allows the law to adjust to the community and the community’s values. Setting limits to the law, softens the law to represent the community
Features:
1. Random Citizens
 Judge instructs the jury about the points of the case, the Charge of the Jury. Which facts are admissible and which are not.
2. Secret Deliberations
3. No reasons for verdict given
4. Not accountable for verdict
5. Decision not create precedent
6. Criminal acquittal cannot be appealed
Pro’s
Anchors legal decisions in the community
 make a strong tie btwn what goes on in the court and the community, the community therefore has a say on legal decisions
Reflects our commitment to democracy
 political authority rests with the community
Builds flexibility and common sense into the legal system
Creates a check against judicial power
Con’s
Discretionary powers too large
 make them say why they made that decision, justify their decision
Prone to bias
 not trained, easy to manipulate
Lose uniformity in law
 juries don’t follow precedent
No accountability

Jury Simulation Studies and Juror Interviews:
Personal appearance of accused influences juries
Personality of accused influences juries
Judicial instructions to juries regarding character evidence rules are ineffective  pay more attention to evidence that is struck
Race of accused a factor in jury decisions
Potential consequences of verdict influence juries
It all comes down to whether we want to vest discretion in judges, or in juries?
***SLIDE 6****
Jury Selection
Use of experts?
R. v. Williams, [1998] 1 S.C.R. 1128.
Prosecution and defence can challenge jurors for bias
Have to bring questions to be asked to jury to the judge first for approval – very strict system in Canada
In USA, every candidate assumed to be biased; lengthy jury selection
In Canada, candidates assumed to be disinterested; must produce evidence of bias to challenge candidate; eg widespread
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