Mock Trial Jury Report

Essay 1

Topic: Describe the procedure by which jurors are selected.

The Process of selecting the 12 jurors is called empanelling. First, a list of jurors is created from a list of all people living in the area where the court is located the list is usually generated by computer according to scientific criteria. A selection committee headed by the sheriff then randomly picks 75 to 100 people from the list to be prospective juror. Then the people selected are summoned to appear at the court by notice from the sheriff.

Within the court, the names of the people on the jury panel are written on cards that are put into a box and selected at random. Selected names are read aloud to the court. The person whose name has been chosen goes to the front of the court and faces the accused. Both the Crown and the defence can object to a potential juror by challenging this individual since both counsels want a jury responsive to their positions. The defence has the first right to challenge a prospective juror. After that, the Crown and the defence alternate the first right of challenge. Each side can challenge the jury list, which only succeed if it can be shown that the sheriff or the selection committee was fraudulent or partial, or showed wilful misconduct in selecting prospective jurors. They can also make a challenge for cause if they believe the prospective jurors do not meet the provincial or territorial requirements governing juries. For example, people who already formed an opinion on the case, or are physically unable to perform the duties of a juror, or have been convicted of a serious offence, will be eliminated from the jurors. There is no limit for the use of challenge for cause. Peremptory challenges can be used to reject a person without a reason by each side. However, limited number of that type of challenge can be used depending on the charge.

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