If you’re facing criminal charges, it can be helpful to understand how evidence is presented to a jury. One unique aspect of the trial process is the possibility of a “view.” A view allows the jury to visit a location or view an object linked to the case to help them grasp important details. However, the decision to grant a view involves careful consideration of several factors.
Section 652 of the Criminal Code
Section 652 of the Criminal Code provides judges with the discretion to order a jury to visit a location or view evidence relevant to a case when it is in the “interests of justice” and would enhance their understanding. The judge is responsible for managing the viewing and preventing any interaction with jurors during this time. Additionally, both the judge and the accused must be present at the view, promoting transparency and fairness in the trial process.
- “The judge may, where it appears to be in the interests of justice, at any time after the jury has been sworn and before it gives its verdict, direct the jury to have a view of any place, thing or person, and shall give directions respecting the manner in which, and the persons by whom the place, thing or person shall be shown to the jury, and may for that purpose adjourn the trial.
- Where a view is ordered under subsection (1), the judge shall give any directions that he considers necessary for the purpose of preventing undue communication by any person with members of the jury, but failure to comply with any directions given under this subsection does not affect the validity of the proceedings.
- Where a view is ordered under subsection (1), the accused and the judge shall attend.”
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Why Take a View?
A judge may approve a view for several reasons, including:
- Clarifying Distance and Layouts: When the size, shape, or distance of a location is key, a view helps the jury better appreciate the spatial details. In R. v. Nasrallah (2012), the court approved a view to show jurors the layout of a gas station, enabling them to better assess distances that video footage had distorted.
- Understanding Complex Details: When photos or diagrams don’t fully convey the scene, a view may offer the clarity needed.
- Providing Context for Actions: In cases where visualizing the scene may clarify people’s movements, a view might be approved.
When Can a Jury Take a View?
The decision to grant a view hinges on several considerations, including feasibility, fairness, and the view’s potential impact on the jury. Judges assess factors like:
- Logistical Concerns: Is the location accessible and safe? Arrangements for transportation, timing, and security are often necessary.
- Risk of Bias or Distraction: Viewing a scene may create biases unrelated to the evidence, and interactions with the public or media must be controlled to avoid distractions, as in R. v. Nasrallah, where the location was secured to prevent outside interference.
- Adequacy of Visual Aids: Judges evaluate whether photos, videos, or models can convey essential details without an actual visit. In R. v. Browne (2017), a view was denied because the jury already had extensive visuals and testimony about the scene.
- Scene Changes Over Time: If the location has changed since the incident, this can be misleading. In R. v. Rideout (1999), jurors were cautioned not to assume the scene they saw was identical to its state at the time of the offence.
- Fairness to All Parties: A view must not unfairly influence jurors in favour of either side. Judges assess whether a view could unfairly sway the jury’s perception.
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The Interests of Justice
The phrase “interests of justice” in Section 652 serves as a guide for judges to weigh legal principles like fairness and public confidence against the specifics of a case. In R. v. Bernardo (1997), Justice Doherty explained that “the interests of justice” refer to both societal values and the rights of the accused. This broad consideration helps ensure a view supports not only the jury’s understanding but also the integrity of the legal process.
Legal and Ethical Considerations
For a view to be helpful and unbiased, the court enforces strict protocols:
- Maintaining Juror Neutrality: The jury should not interact with anyone outside their group, and court officers or security personnel are often present to ensure this. In R. v. Polimac (2006), the judge underscored the importance of detailed planning to avoid undue communication with jurors.
- Judicial Instructions: Before and after a view, judges typically remind the jury that the purpose is only to support their understanding of the evidence, not to serve as evidence itself.
- Controlled Access: Judges often limit access to those directly involved in the trial. In R. v. Nasrallah, the court ensured that only necessary individuals were present, preventing media or public involvement.
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