Jury and Homicide Study Guide for Final Exam

Summary Offence

Least serious, judged by a judge alone with no jury, punishable by less than 6 months imprisonment or a $2000 fine, e.g. disturbing the peace.

Indictable Offence

Most serious type of offence, can be judged by a judge alone or by a judge and jury, e.g. murder, treason, sexual assault with a weapon.

Hybrid Offence

The Crown decides whether to treat the offence as a summary or indictable offence, e.g. sexual assault, dangerous driving.

Jury Basics

A jury consists of 12 jurors who must unanimously agree on a verdict, representing the community's conscience and applying the law to admissible evidence to decide guilt or innocence.

Jury Selection - Out-of-Court

Jury list is derived from electoral rolls; eligibility requires being Canadian, at least 18 years old, a resident of the crime jurisdiction, and having no unpardoned indictable offence.

Jury Selection - In-Court

Summons is a legal notice to appear (not selection); venire is a group of potential jurors; dismissals can occur due to health issues or conflicts of interest.

Peremptory Challenge

A type of lawyer challenge in jury selection where no reason is required; recently eliminated.

Challenge for Cause

A type of lawyer challenge in jury selection that must show a realistic potential of bias.

R v. Stanley (2018)

Gerald Stanley was acquitted of killing Colten Boushie, an Indigenous man; all Indigenous jurors were excluded via peremptory challenges, resulting in an all-white jury and public outrage.

Representativeness

The concept that a jury reflects community demographics, though it rarely does so fully.

Impartiality

Jurors must ignore biases and rule based only on evidence.

R v. Sherratt (1991)

Established that a jury must be both representative and impartial.

R v. Nepoose (1992)

A challenge was successful due to too few women on the jury panel.

Indigenous Underrepresentation

Issues include language barriers, transportation issues, and cultural distrust; recommendations include restorative justice and community engagement.

Inadmissible Evidence

Objections can be overruled (admitted) or sustained (jury told to disregard); jurors cannot 'un-hear' evidence.

Pretrial Publicity (PTP)

Often inadmissible but can affect jurors; prosecution bias is common in media.

Effects of Negative PTP

Jurors may misremember pretrial publicity as trial evidence, with a strong link between negative PTP and guilty verdicts.

Positive PTP

Associated with fewer guilty verdicts.

Negative PTP

Associated with more guilty verdicts.

Remedies to Bias

Include change of venue, publication bans, and careful juror questioning.

Studying Juries - Simulations

Mock trials with manipulated stimuli.

Studying Juries - Post-trial Interviews

Involves asking jurors after real trials.

Studying Juries - Archival Studies

Involves analyzing court records.

Studying Juries - Field Studies

Observing real jury behavior, which is rare.

Jury Decision-Making Theories - Mathematical Model

Jurors assign weight to evidence and make verdicts through calculations.

Jury Decision-Making Theories - Story Model

Jurors create a narrative using evidence, with the verdict fitting the story that makes the most sense.

Key Predictors of Verdicts

Strength of evidence is the strongest predictor of verdicts; weak evidence leads to prejudice or extra-legal factors playing a bigger role.

Extra-Legal Factors

Factors such as race, attractiveness, and gender/SES can influence jury decisions.

Black Sheep Effect

With strong evidence, ingroup members are punished more to preserve a positive image; with weak evidence, ingroup members may be treated more leniently.

Victim Race Effect

Jurors are more punitive when the victim is White; however, if the defendant is a police officer, Black victims may lead to higher conviction rates.

CSI Effect - Strong Prosecutor's Effect

Jurors may wrongfully acquit due to a lack of CSI-style evidence.

CSI Effect - Perceived Realism

Individuals who believe CSI is realistic are more likely to convict.

Perceived realism

Not frequency, predicted conviction rates (DNA, fingerprint, eyewitness).

R v. Stanley (2018)

Gerald Stanley shot and killed Colten Boushie; defense excluded all Indigenous jurors, leading to an all-white jury acquitting Stanley.

R v. Sherratt (1991)

Supreme Court ruling that jurors must represent a cross-section of society and be free of bias.

R v. Nepoose (1992)

Jury panel challenged due to underrepresentation of women, highlighting the importance of fairness in jury composition.

Jury Selection Process (Canada)

Jury list created from electoral rolls; jurors must be 18+, Canadian citizens, live in jurisdiction, and have no unpardoned indictable offences.

Out-of-Court Phase

Jury list created from electoral rolls.

In-Court Phase

Summons is an order to appear, not a guarantee of selection.

Venire

Pool of potential jurors.

Peremptory challenges

No reason needed for dismissal; now abolished.

For Cause challenges

Must prove realistic potential for bias; judge may allow specific yes/no questions.

Summary Offences

Minor offences tried by judge alone, no jury; examples include disturbing peace and solicitation.

Indictable Offences

Serious offences tried by judge or jury depending on the case; examples include murder, arson, and fraud.

Hybrid Offences

Crown decides based on severity; judge if summary, possibly jury if indictable; examples include sexual assault and dangerous driving.

Story Model

Jurors build a story from trial evidence, driven by logic and emotion, influenced by past experiences and biases.

Mathematical Model

Jurors mentally 'add up' evidence, resulting in a verdict based on rational calculation.

Pretrial Publicity (PTP)

Media exposure before trial, often negative, leading jurors to confuse media info with courtroom evidence.

Inadmissible Evidence

When a judge instructs jurors to disregard it, they are still influenced by it.

Rebound effect

'Don't think about it' leads to the opposite reaction.

Psychological reactance

People resist being told what to think.

CSI Effect

Influence of crime shows on juror expectations and perceptions of evidence.

Study connection of R v. Stanley

Shows how jury composition and bias impact trial outcomes.

Importance of R v. Sherratt

Set the constitutional foundation for how juries are formed in Canada.

Significance of R v. Nepoose

Demonstrates the importance of representativeness and fairness in jury composition.

CSI Effect

Exposure to shows like CSI changes juror expectations.

Strong Prosecutor's Effect

Jurors expect scientific evidence, and may acquit without it.

Perceived realism

Not watching frequency = biggest predictor of convicting.

Risk Assessment

Two Components: Identify Risk Factors and Recommend interventions, treatments, or conditions.

When Risk Assessment is used

Child protection, bail hearings, sentencing, parole, involuntary commitment.

Unstructured Clinical Judgment

Based on professional discretion, no rules, highly subjective, varies between clinicians.

Actuarial Prediction

Mechanical, tool-based, based on static, measurable risk factors.

Structured Professional Judgment (SPJ)

Combines structure with discretion, based on research-informed factors, guided decision-making.

Static Risk Factors

Do not change over time, examples include criminal history and early abuse.

Dynamic Risk Factors

Can change with time/intervention, examples include substance abuse and attitudes.

Historical Risk Factors

Past events (e.g., prior violence).

Clinical Risk Factors

Personality/traits (e.g., impulsivity).

Contextual Risk Factors

Environmental (e.g., access to weapons).

Psychopathy

Personality disorder with traits such as lack of empathy/remorse, manipulativeness, impulsivity, and antisocial behaviour.

Hare Psychopathy Checklist-Revised (PCL-R)

Developed by Robert Hare, 20-item semi-structured interview, score range: 0 to 40.

Interpersonal/Affective Factors

Superficial charm, lack of empathy.

Lifestyle/Antisocial Factors

Impulsivity, poor behaviour control.

Psychopathy vs. APD (Antisocial Personality Disorder)

All psychopaths meet APD criteria, but not all APD individuals are psychopaths.

Prevalence of Psychopathy in Offenders

~10-25%.

Prevalence of APD in Offenders

~80%.

Psychopathy & Sentencing

Aggravating factor in court (esp. for dangerous offender designation), indeterminate sentences possible.

Jury Bias & Sentencing Research

Mock jurors more likely to give death penalty to psychopathic defendants.

Types of Violence Psychopaths' Role

Instrumental: Goal-directed, planned (e.g., revenge); Reactive: Impulsive, emotional.

Psychopaths in the Community

Rare (~0.6% general population), more common in men.

Corporate Psychopaths

Good communication, bad leadership, cause conflict/manipulate.

Recidivism

More likely to reoffend (esp. violent & sexual offences).

Effective Treatment for Psychopaths

Treatment reduces recidivism in psychopathic sex offenders.

Youth Psychopaths

Youth psychopaths respond better to treatment than adults.

Ethical concerns

Labels affect legal outcomes and self-identity.

Stability of Traits

Traits not stable in adolescence (Caufmann, Lynam).

Treatment Effectiveness

Youth respond better than adults (da Silva, Caldwell).

Cognitive Theory

Difficulty shifting attention away from goal-relevant cues.

Affective Theory

Amygdala dysfunction; less emotion/emotional learning.

R v. Swain

Insanity defense precedent — helps understand forensic psych.

R v. Oickle

Interrogation techniques and voluntariness of confession.

Static Risk Factor

Past/permanent risk factors.

Dynamic Risk Factor

Changeable risk factors.

Psychopathy vs. APD

All psychopaths = APD, but not all APD = psychopath.

Instrumental Offense

Planned offense (psychopaths prefer this).

Reactive Offense

Impulsive offense.

Actuarial Assessment

Tool-based assessment.

SPJ Assessment

Clinician-guided assessment.

Unstructured Assessment

Opinion-based assessment.

APD Prevalence in Adult Offenders

80% of adult offenders have APD.

Psychopathy Prevalence in Adult Offenders

10-25% of adult offenders have psychopathy.