NCJ Number
67404
Date Published
1980
Length
176 pages
Annotation
THE ROLE OF THE JURY IN CANADIAN CRIMINAL PROCEEDINGS IS THE SUBJECT OF THIS BOOK, WITH SPECIAL REFERENCE TO CERTAIN FEATURES OF THE JURY INSTITUTION DESCRIBED HERE AS EVINCING AND SURVIVING A CONSTITUTIONAL FISSURE.
Abstract
PREPARED BY THE LAW REFORM COMMISSION OF CANADA, THIS WORKING PAPER ANALYZES THE JURY AS AN INSTITUION AND CONCLUDES THAT IT PERFORMS A NUMBER OF VALUABLE FUNCTIONS IN THE CANADIAN CRIMINAL JUSTICE SYSTEM. WHILE EXPRESSING THE OPINION THAT THE JURY SYSTEM SHOULD BE RETAINED WITH ITS PRESENT MAJOR CHARACTERISTICS (I.E., CONSISTING OF TWELVE PEOPLE AND BEING REQUIRED TO REACH ITS VERDICT BY A UNANIMOUS VOTE), THE COMMISSION RECOMMENDS NUMEROUS CHANGES IN THE SYSTEM OF JURY TRIAL. FOR EXAMPLE, IN THE CHAPTER DEVOTED TO JURY SELECTION, RECOMMENDATIONS ARE MADE FOR BROADENING THE CATEGORIES OF PEOPLE WHO ARE LIABLE FOR JURY SERVICE AND FOR CHANGING THE SELECTION PROCEDURES SO THAT JURIES WILL MORE NEARLY REPRESENT A RANDOM CROSS-SECTION OF THE COMMUNITY. THE HITHERTO NEGLECTED MATTER OF JURORS' WELFARE SHOULD BE PROTECTED BY INCREASING GUARANTEES OF JURORS' EMPLOYMENT; A SYSTEM TO ENSURE THAT JURY DUTY IS NOT A FINANCIAL HARDSHIP ON JURORS; AND A MORE EFFECTIVE ORIENTATION PROGRAM TO ALLAY JURORS' ANXIETIES ABOUT THEIR ABILITY TO PROPERLY DISCHARGE THEIR FUNCTIONS. IN THE CHAPTER ON THE JUDGE'S CHARGE TO THE JURY, CHANGES ARE RECOMMENDED SUCH AS THE USE OF SPECIALLY PREPARED GUIDELINES EXPLAINING THE LAW TO THE JURY AND PERMITTING JURORS TO TAKE NOTES DURING THE TRIAL. OTHER RECOMMENDATIONS IN THE AREAS OF JURY DELIBERATION AND JURY VERDICT RELATE TO THE MATERIALS JURORS MAY BRING INTO THE JURY ROOM TO ASSIST THEM IN THEIR DELIBERATIONS; PROCEDURES FOR REVIEWING THE EVIDENCE IF THE JURY REQUESTS IT; JURY SECRECY; POLLING THE JURY; AND IMPEACHING THE JURY VERDICT. END NOTES INCORPORATING BIBLIOGRAPHIC REFERENCES, ARE APPENDED. THE FRENCH TEXT OF THE BOOK IS ALSO PROVIDED.