Nobody downloaded yet

Jury Impartiality in Canada - Essay Example

Comments (0) Cite this document
Juries are used mainly for criminal trails in Canada and there is a limit to the criminal trials a jury can be used for. Less serious cases do not require the services of the jury and a judge presides and makes judgment of these cases. In serious cases, the accused people have the right to choose on whether their cases to be presided over by a jury or a judge…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER95.2% of users find it useful
Jury Impartiality in Canada
Read TextPreview

Extract of sample "Jury Impartiality in Canada"

Download file to see previous pages Other matters which are deemed are relevant have to be passed and other pertinent questions must be approved by a judge. Juries do not have the power to award damages and hence are not used in civil cases.
The juries in the Republic of Canada have portrayed that they cannot be impartial in passing judgments in various cases due to prejudices against either the victim or the defendant. This paper will look into why this situation is prevailing and how it can be alleviated to ensure the judgments passed are just to both the victim and the defendant. To this effect there have been a number of cases in which the juries have passed judgments through the consideration of other aspects rather than the facts and objectivity. A good example are the cases where there is favoritism based on various aspects of discrimination like gender, age, race and others. The most prevalent is the discrimination based on sex and race in the country.
In Canada, for one to qualify to serve as a jury, one must be nineteen years old or older. One must also be a citizen of Canada and must be a resident of the province in which the case is being heard in. Jury selection is attended by various people including the accused, the lawyer of the accused, crown counsel and the staff of the court. Twelve jurors are chosen for a particular case. After the charges have been led by the court clerk to the accused, the accused will either plead guilty or innocence and the jurors are then chosen if the accused pleads not guilty. The jurors are informed of when the case will start and the expected day of finalizing (Izzett, 1974).
Jurors who are selected for a particular case have to be screened and this means that the jurors will have to undergo some profiling so as to be deemed to be impartial in a particular case. Being impartial means that the particular juror will not be in a position to favor any side of the case. This means that the juror will have be free of any prejudice and favoritism attitude towards the various parties involved in the case. This is very important for justice to prevail in any case (Paglia, 1998).

Jury Representativeness
It is important for a jury selected for a particular case to be representative. Towards this end, it is important for the jury selectors to have a list of people who will ensure that representation of all involved parties is maximized and this means that exclusion and bias have to be eliminated from the picture as much as possible. The administration of the legal system in Canada needs to be reviewable and accountable so as to ensure that there is inclusion in the jury selection of all cases and trials in the various jurisdictions in the country. The traditional methods of selecting the jurors from electoral roles should be done away with and in its place more appropriate use of community groups to come up with the lists of potential jurors for various cases in the provinces. Disqualifications and exclusions should decrease in number as these only give rise to the selection of stereotypes and biases. Inclusion should be intensified so as exclusion on such grounds as sex, race, age, abilities, sexual orientations, ethnic origin and religion ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
(“Jury Impartiality in Canada Essay Example | Topics and Well Written Essays - 2000 words”, n.d.)
Retrieved from
(Jury Impartiality in Canada Essay Example | Topics and Well Written Essays - 2000 Words)
“Jury Impartiality in Canada Essay Example | Topics and Well Written Essays - 2000 Words”, n.d.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Jury Impartiality in Canada

Jury Deliberations

...of changing the number of jurors from 12 to 6 in all criminal cases, though maintaining the requirement that the verdict be unanimous violates the accused's right to a trial by jury as protected by the Sixth and Fourteenth Amendments. In the case of Burch Vs. Lousiana, the Supreme Court held that that the verdict of a jury composed of only six men must be held unanimous only if the cases involve are “non-petty offenses.” The Court further stated that “to hold anything less than a unanimous verdict by a jury of only six persons would be a threat to the constitutional guarantee of a trial by an impartial jury” (Robertson, Wallace and Stuckey, 2007). The...
1 Pages(250 words)Assignment


...:// Minow, M. (1992). Stripped down like a runner or enriched by experience: bias and impartiality of judges and jurors. William and Mary Law Review 33(4), pp. 1201-1218. SAGE Publications. (2013). Judges and jurors. Retrieved from Sommers, S. R. (2008). Determinants and Consequences of Jury Racial Diversity: Empirical Findings, Implications, and Directions for Future Research. Social Issues and Policy Review 2(1), pp. 65-102.... ? Jury Introduction The configuration of jurors in the American judicial system, with the inclusion of racial minorities, alongside other majority races, has attracted considerable...
3 Pages(750 words)Research Paper

Jury Nullification

...? Jury Nullification Introduction Jury nullification based on historical information and different cases so far arbitrated through this system, has prompted to the rise of numerous mixed reactions towards its operations among citizens. Mainly, this is despite the act of instituting it by respective state, for instance, Canada is to protect citizens’ rights from oppressive laws. This is by either upholding or disregarding accusations regarding infringements the accused said to have done like in the R. v. Morgentaler’s case whereby the cited law did not adequately apply (R. v. Morgentaler, 1988). However, this has always been the norm due to the de facto power granted to...
9 Pages(2250 words)Case Study

Jury Decision-making

...the authenticity of DNA evidence had been proved, many judgements have been overturned and one such famous case is The Case of the Winchester Three, (1990) where three Irish people were sentenced for 25 years of imprisonment for the murder of Secretary of State for Northern Ireland, Tom King. Eye witnesses had spotted them in the crime scene and they had money, a second hand car, a radio, a woolly hat, a list of prominent British people and also had false name driving licences. Jury relied on eye witness evidence and any reasonable jury could do so and in this case it eventually proved to be a miscarriage of justice. Even though it was not Actus reus, it was easy to convince the jury. ...
4 Pages(1000 words)Case Study

Jury Deliberation a democratic society for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary." The case also quoted on Lord Woolf CJ that issued the Practice Direction (Crown Court: Guidance to Jurors) [2004] 1 WLR 665, which amended the consolidated criminal practice direction so as to provide inter alia: "IV.42.6 Trial judges should ensure that the jury is alerted to the need to bring any concerns about fellow jurors to the attention of the judge at the time, and not wait until the case is concluded. At the same time, it is undesirable to encourage inappropriate criticism of fellow jurors, or to threaten jurors with contempt of...
8 Pages(2000 words)Essay

Jury Selection

...1. Frederick, Jeffrey (1987). "The Psychology of the American Jury". The Michie Company, USA. The Psychology of the American Jury discusses the tough issues you face in jury trials and offers practical solutions. Among the issues discussed are the use of surveys in jury selection, in-court approaches to jury selection, nonverbal behavior of jurors, voir dire procedures, persuasion in the courtroom, focus groups, trial simulations, and shadow juries. It will prove to be useful especially for my first aim which determining how social psychology applied in the jury selection process by attorneys and/or juror consultants and...
4 Pages(1000 words)Essay

Runaway Jury

...I chose the movie Runaway Jury to demonstrate how public perception of the legal profession could be affected by movies. This movie was based on a book by John Grisham and the plot revolves around the jury trial of a major gun manufacturer. A lawsuit has been brought against the firm by the widow of a man killed by a gunshot in his place of work. Gene Hackman portrays the defense attorney, and Dustin Hoffman idealistically represents the widow in her claim. John Cusack plays one of the jurors, with an agenda of his own. Hackman's character is an attorney in this film, more specifically a "jury consultant". These individuals conduct a selection of jury-centered research programs designed to gather opinions, value-beliefs... , and...
8 Pages(2000 words)Movie Review

Jury Bias

...Jury Bias Task: Jury Bias In order for a case to receive fairness and justice, it is fundamental for a jury to be formed by the legal process. Therefore, this essay is going to discuss a step by step criminal jury trial in order to understand the law treats its cases (Burnett, 2003). There are various steps in a criminal jury trial. First, it begins with the selection of a jury. In this case, the defense determines the whether the case fits either a jury or judge. However, under some jurisdictions, both the defense and the prosecution may demand the right for a jury trial. On that aspect,...
2 Pages(500 words)Essay

Jury Nullification

...Jury Nullification The concept of jury nullification has proved to be a controversial one, based on its double standards. While it appears to match logic, by providing an avenue through which the jurors can apply their conscience to determine a case, oblivious of what the law or the instructions from the judges provides, it appears to be a loophole in the justice system, where the offenders can get away with their acts of crime, without being appropriately punished by the law. According to Professor Paul Butler, the defendants in victimless and non-violent cases have an avenue of being acquitted by the jurors, since they did not cause any harm to another party (Keneally, 942). However, this is observed...
8 Pages(2000 words)Essay

Runaway Jury

...Runaway JuryJury Selection Process The movie d Runaway Jury is based on a court room trial in which a widow had filed a law suit against gun marketing and selling company for selling the gun that was used to kill her husband (Runaway Jury. 1). The movie depicts the procedure through which a jury for a trial by jury is selected. The movie provides in-depth details regarding the actual procedures but is not exactly based on how the jury is selected. In the movie, the gun manufacturer hires Fitch who has been assigned with the duty of ensuring that the jury that is selected does not rule in the favor of...
1 Pages(250 words)Essay
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic Jury Impartiality in Canada for FREE!

Contact Us