In Depth Notes on Justice, Juries, and Legal Procedures

Overview of Justice and Juries

• The idea of justice involves complex interactions of legal powers, procedures, morality, and how these relate to the jury system.
• Jurors may influence one another and sway opinions, particularly when their understanding of justice differs from established judicial procedures.
• Historically, the jury system in democracies like Canada and the U.S. reflects a way to resist tyranny and reinforces judicial independence through checks and balances.

Jury Composition and Selection

• Juries are typically composed of 12 members in criminal cases (often with two alternates) and 6 in civil cases; unanimous verdicts are required in criminal trials.
• Jurors are randomly selected from lists, such as Medicare lists, raising concerns about inclusivity and representation.
  • Exclusion of mobile individuals (e.g., travelers, homeless) poses potential discrimination, depriving the judicial system of diverse perspectives.
• Lawyers can greatly influence jury selection, using strategies to identify and assert psychological influences within the group dynamics (e.g., "one juror verdict theory").

Responsibilities of Juries

• Juries serve as the triers of fact, meaning they assess the application and interpretation of evidence in a trial.
• The judge oversees legal matters and sentencing but juries must objectively evaluate facts within emotional context.
• Misunderstandings between fact and opinion can arise, necessitating jurors to possess critical reasoning and understand logical distinctions.

Juries and Prejudice

• Understanding different types of prejudices that can affect jury decisions:
  • Interest prejudice: Personal connections to the case.
  • Specific prejudice: Strong beliefs about the particular case.
  • Generic prejudice: General cultural biases about types of individuals involved.
  • Normative prejudice: Shared beliefs among specific group affiliations.
• Jurors must strive for impartiality, despite inherent biases; this pursuit of fairness highlights human imperfections.

Challenges of Jury Effectiveness

• Concerns about whether juries accurately assess facts and provide a true check on judicial power:
  • A lack of diversity in jury selection often favors certain socioeconomic classes, potentially skewing justice outcomes.
  • Emotional biases can hinder rational assessments, especially in complex cases requiring expert interpretation of scientific evidence.

Jury Deliberations and Nullification

• The secrecy of jury deliberation can lead to unaccounted decisions and jury nullification, where jurors may disregard law instructions if they find them unjust (refer to the Krieger case).
• The need for balance between jury influence and judicial authority highlights tensions within the legal system.

Future Discussion Points

• The concluding classroom sessions will address how societal transformations can reshape perspectives of justice, law, and power, incorporating the critiques discussed throughout the course.
• Recommended for review: how juries function within the legal and moral frameworks and their impact on social justice subject.

Key Concepts to Remember

• The interplay between jurors as fact finders and judges as law interpreters.
• The importance of understanding the responsibility of jurors in deliberation processes.
• Recognition of how biases influence jury functions and the implications for justice within democratic contexts.