Juries: Fact Finders

These flashcards cover key terms and definitions related to the functions, selection, and characteristics of juries in Canada.

Juries Act

Provincial and territorial legislation that outlines the eligibility criteria for jury service and how prospective jurors must be selected.

Jury summons

A court order that states a time and place for jury duty.

Summary offences

Offences involving a sentence of fewer than six months in prison and fines of less than $2000, tried by judge alone.

Indictable offences

Serious criminal offences that can be tried by judge alone or judge and jury, depending on severity.

Hybrid offences

Offences that can be prosecuted as either summary or indictable, depending on the circumstances of the case.

Peremptory challenge

A legal challenge that allows lawyers to reject potential jurors without stating a reason.

Challenge for cause

A request that a prospective juror be dismissed for a specific reason indicating they cannot be fair.

Impartiality

A juror characteristic that refers to being unbiased and evaluating evidence based solely on admissible information.

Representativeness

A jury characteristic that reflects a composition representing the community where the crime occurred.

Jury nullification

Occurs when a jury ignores the law and evidence to render a verdict based on other criteria, such as personal beliefs.

Polarization

The phenomenon where jury members become more extreme in their initial positions following group discussion.

Leniency bias

A tendency for jurors to move towards a more lenient stance after deliberation.

Expert testimony

Testimony provided by a qualified individual in a specific field to help jurors understand evidence.

Battered women's syndrome

A psychological condition that may be used in court to explain a woman who kills her abuser as acting in self-defense.

Change of venue

Moving a trial to a different community to ensure an impartial jury.

Adjournment

A postponement of a trial until a later date to allow pretrial biases to dissipate.

Judicial instructions

Legal guidance provided by a judge to jurors on how to apply the law to their case.

Demographic variables

Characteristics such as gender, race, and education level that may influence jury verdicts.

Attitude

A juror's beliefs or opinions about specific issues that may impact their decision-making.

Black sheep effect

The phenomenon where jurors show leniency due to race similarity between the defendant and the jury.

Rape-shield laws

Legislation preventing the admission of a victim's sexual history to protect against bias during trials.