STUDIES ON THE JURY - CANADA

• NCJ Number: 62650
• Author(s): A DOOB; V P HANS; C S JONES; E R MYERS; P SCHULMAN
• Date Published: 1979
• Length: 445 pages
• Corporate Author: Law Reform Cmssn of Canada
• Sale Source: National Institute of Justice/
• Language: English
• Country: Canada
• Note: CRIMINAL LAW SERIES

Annotation

THIS VOLUME FROM THE LAW REFORM COMMISSION OF CANADA CONTAINS STUDIES ON THE CANADIAN JURY SYSTEM.

Abstract

RESEARCH ON VARIOUS ASPECTS OF THE JURY SYSTEM IN CANADA IS DISCUSSED IN EIGHT PAPERS. DIFFERENT PERSPECTIVES OF THE CRIMINAL JURY TRIAL, INCLUDING THE PUBLIC'S VIEW, THE JURORS' VIEW, AND THE TRIAL JUDGE'S VIEW ARE COVERED. THE FOLLOWING FINDINGS WERE MADE IN THE THREE STUDIES: ALMOST ALL CANADIANS THINK THAT ACCUSED PEOPLE SHOULD BE GIVEN THE OPTION OF TRIAL BY JURY FOR AT LEAST SOME OFFENSES, THE JURY SYSTEM IS GENERALLY SUPPORTED, UNANIMOUS VERDICTS ARE DESIRED FOR THE MOST SERIOUS OFFENSES, AND THE JURY SHOULD BE FLEXIBLE IN THE APPLICATION OF THE LAW. AFTER SERVING ON A JURY, PEOPLE WERE MORE FAVORABLY DISPOSED TO THE SYSTEM THAN PREVIOUSLY, JURORS FELT THE SELECTION PROCESS WAS FAIR, AND JURORS FELT SUFFICIENTLY INFORMED ABOUT PROCEDURAL MATTERS BEFORE SITTING ON A JURY. HOWEVER, JUDGES INDICATED THAT JURY SERVICE NEEDS TO BE STREAMLINED; THE MAJORITY OF JUDGES ALLOW JURORS TO ASK QUESTIONS AND PREFER THAT THE PRESENT JURY SIZE BE MAINTAINED. IMPROVEMENTS COULD TAKE THE FORM OF STANDARDIZED JURY INSTRUCTIONS. OTHER STUDIES DISCUSS THE UNANIMITY REQUIREMENT, LANGUAGE AND JURY INSTRUCTIONS IN A SIMULATED CANADIAN COURT, AND JURY SELECTION. TABULAR DATA, REFERENCE NOTES, AND NUMEROUS APPENDIXES ARE INCLUDED. (PRG)