NCJ Number
87174
Date Published
1982
Length
91 pages
Annotation
This report of Canada's Law Reform Commission presents legislative recommendations for jury selection, procedure during trial, jury deliberations, and jury verdicts, as well as recommendations for administrative action associated with jury orientation, notetaking, and jury instruction guidelines.
Abstract
No recommendation in this report results in a diminution in the proper role of the jury. Overall, the recommendations are designed to ensure that the jury system is not jeopardized by outmoded or misunderstood procedures. The recommendations do not deal with any fundamental changes in the jury system. It is recommended that the jury continue to be comprised of 12 jurors who must reach a unanimous verdict. Many of the recommendations aim at making laws relating to jury trials simple, rational, and understandable. Further, the recommendations intend to make the law and practice bearing upon jury trials uniform throughout Canada. A final general premise underlying the recommendations is that the law and practice related to juries be to some extent codified. Recommendations are thus made in the form of legislation which could be adopted as a special division of the present Criminal Code. They are designed to replace most of the sections in the Code which deal with jury matters. Recommendations in the area of administrative action are designed to assist the jury in understanding and discharging its functions.