Lecture 12 Court Participants & Jury Trials

Main Court Participants

1. Litigants

2. Lawyers

3. Judges

4. Juries

Litigants & the 2 types

Person or party involved in lawsuit or legal action

The 2 types of litigants are

1. “One-shotters” - Only been involved in a resolving a dispute once, do not know how to navigate through the law

2. “Repeat Players” - Often have the means to influence the outcome of cases more consistently

Lawyers

Practice & study law in form of an attorney or advisor

Dispense of advice about legal rules & how those rules apply to specific issues in a dispute

Also advice whether a particular dispute warrants judicial intervention

Judges

Public officials appointed to decide cases in a court of law

Should be impartial & not have a conflict of interest

Interpret the rules that govern proceedings

In Canada judges are ex-lawyers

Juries

Body of people sworn to give a verdict in a legal case on the basis of evidence presented to them

Juries are used in Common Law countries

Who CAN serve on a jury?

Canadian citizens aged 18 to 65 (or 69)

No conviction for a serious crime (unless pardoned)

• No mental or physical disability that affects jury duty

Who CAN’T serve on a jury?

Legal professionals

Law enforcement

Medical professionals

Military personnel

‘Random Selection’ Jury Selection Method

Jurors are picked by a computer from voter registration and provincial health card lists.

‘Court Screening’ Jury Selection Method

Selected individuals go through a vetting process

Why are Jurors Questioned Before Court?

1. Lawyers trying to establish a connection for increased chances of their winning

2. Lawyers check jurors for potential bias or retain those who may be sympathetic to their side

Scientific Jury Selection

Lawyers use certain strategies to point out jurors which may be susceptible to their case

Black women for OJ’s case

What does jury selection look in the lens of a lawyer

Lawyers have restricted access to juror information (name, address, occupation, & demeanour in court)

What are challenges of Jury Trial Selection in Canada

Claims that the computerized selection process was biased

Argues that a juror does not meet eligibility requirements

Allows the Crown or defence to reject a juror w/o giving a reason (limited number allowed)

Concerns about Jury Trials

Potential biases from jurors

Lack of diversity - certain minorities are underrepresented

Jurors lack the ability to assess evidence or stay impartial