Understanding the criminal jury trial process is crucial for anyone involved in the Canadian justice system. This guide outlines the key phases and steps, providing clarity on what to expect during each stage.
1. Pre-Trial Phase
The first step in the jury trial process begins with the jury summons, which is a legal document sent by mail to randomly selected individuals from government databases, such as health records. The summons requires the recipient to attend court for jury selection. Compliance with the summons is mandatory, and failure to respond or attend can result in significant fines. However, individuals may be excused under specific circumstances, such as personal hardship or conflicts of interest, by submitting a written request to the court.
During jury selection, prospective jurors arrive at the courthouse, pass through security, and register by presenting their summons and identification. They are then directed to an assembly room, where they wait until called for selection. The selection process involves a random draw, with selected individuals proceeding to the courtroom. Once in the courtroom, jurors may be questioned by the judge and lawyers to determine their impartiality. Both the prosecution and defence have the right to challenge potential jurors without providing a reason. If a juror is challenged, they are dismissed, and the process continues until a full jury of 12 is selected. Once selected, jurors are sworn in and must commit to serving throughout the trial.
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2. Trial Phase
Once the trial begins, jurors must attend court daily for its duration, arranging their own transportation. While they remain together during recesses, they are free to leave the courthouse for lunch or fresh air. Upon arrival each day, jurors proceed to a designated jury room before being called into the courtroom, where they sit in a designated jury stand. The courtroom consists of various key individuals, including the judge, court clerk, lawyers, the accused, and security personnel.
The trial process itself begins with opening statements from both the Crown (prosecution) and the defence. Each side presents an outline of their case to the jury, explaining what evidence will be shown and what conclusions they will argue. Following the opening statements, the presentation of evidence begins. The prosecution presents its case first, calling witnesses and introducing exhibits such as documents, photographs, or physical evidence. The defence then has the opportunity to cross-examine the prosecution’s witnesses. Once the Crown rests its case, the defence may choose to present its own evidence and witnesses, who can also be cross-examined by the prosecution.
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After all evidence has been presented, both sides deliver their closing arguments, summarizing their respective positions and attempting to persuade the jury. The judge then provides jury instructions, explaining the relevant laws, how evidence should be considered, and the standards that must be met for a conviction. The jury is then sequestered for deliberation.
3. Post-Trial Phase
During jury deliberation, jurors retire to a private room to discuss the case and reach a unanimous verdict. If they cannot agree, the judge may declare a hung jury, which could result in a retrial. If the jury reaches a decision, the verdict announcement takes place in open court. The foreperson, a juror appointed to represent the group, delivers the verdict, determining whether the accused is guilty or not guilty. If the verdict is not guilty, the accused is immediately free to leave. If found guilty, a sentencing hearing is scheduled, during which the judge considers various factors, including the severity of the offence and the accused’s background, before imposing a sentence.
Following sentencing, both the defence and prosecution have the right to appeal the verdict or sentence under specific legal grounds. Appeals are reviewed by higher courts, which may overturn, modify, or uphold the original decision.
Navigating a criminal jury trial can be complex. It is essential for the accused to understand each phase and step to ensure their rights are protected throughout the process. Consulting with a knowledgeable criminal defence lawyer can provide invaluable guidance tailored to individual circumstances.
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