Share on Facebook The Jury: Part 3
General
During the trial, the jury may or may not be "sequestered" (kept apart from others), at the discretion of the judge. If jurors are allowed to go home between sittings of the court, there will be a publication ban on anything that happens in the trial when the jury is not present.
Jurors often take notes during the proceedings, and in some parts of the country the court provides writing materials for this, although other judges disapprove of note-taking and do not allow it. Jurors are also quite often given exhibits to examine, and may have binders containing documents and photographs that help explain the case.
They should remember, though, that it is important to observe witnesses while they are testifying, as this will help them decide how much to trust what the witnesses say. Because of this, they should try not to get too absorbed in what they are reading or writing, and pay close attention to what people are saying, and their demeanour while they are saying it.
Procedure
At the start of the trial, there will generally be introductory talks by the judge, and by lawyers for both sides. The aim is to lay out the framework of the case and make sure the jury has an idea of what the main issues will be, and to suggest to them how they should evaluate the evidence that will be given, either through witnesses or in the form of "exhibits" (physical things including written documents that may be presented for inspection by the prosecution and the defence).
Then, the prosecution will present any witnesses and other evidence that makes up its case. To reach a verdict of guilty, the jury must be convinced of guilt beyond a reasonable doubt, based on all the evidence presented in the case. If the defence feels the Crown has not led enough evidence for a conviction, it can chose not to present any evidence itself.
There is a strict rule that an accused is never required to testify, and it is quite common for him or her not to do so. There can be many reasons for this, and jurors should not speculate about what the reason might be. Many people accused of a crime, even if completely innocent of it, can make a bad impression on a jury, because of poor education, disreputable appearance (or disreputable history), bad manners, rough speech, etc. Where this is the case, there is a risk that jurors will convict, not because the charge is proved, but because of dislike or distrust of the accused, or a feeling that, even if not guilty of this offence, he or she is probably guilty of others.
If the defence does present evidence, which may or may not include testimony from the accused, the jury may find it has a reasonable doubt about guilt, based on some of that extra evidence.
The Role of the Judge
During testimony by witnesses, it is one of the judge's jobs to make sure that only legally-permitted evidence is heard by the jury. Because there will often be disputes about what is or is not permitted, there are times when the jury has to leave the courtroom so that the judge can hear arguments from the lawyers. Once the issue is decided, the jury is brought back in, and either the evidence is given, or nothing more is said and the trial just goes ahead without it. Jurors may sometimes feel like mushrooms, being treated this way, but the procedure is meant to ensure a fair trial, by keeping the jury from hearing evidence that may be prejudicial to one side or the other, or that was improperly obtained, or that may not be reliable, etc.
The judge may tell the jurors from time to time that they are to ignore something they have heard, or should limit the use they make of it when they are reaching their verdict. Jurors have a duty, and have sworn an oath, to decide the case according to the law, and should always follow the judge's instructions. Even though some of the rules of trials may seem odd, they have all been thought about long and hard, by a great number of people, and are designed to give the best possible result for society as a whole.
There may occasionally be some question that a juror would like to put to a witness, after both sides have asked their own questions. If this happens, the juror should let the judge know, and the judge may permit the extra question to be asked.
Closing Speeches
At the close of the trial, each lawyer will address the jury, presenting what he or she feels is a view of the evidence favourable to his or her side. Then the judge will talk about the positions taken by both sides, the evidence that has been heard, and the rules of law that must be applied to the evidence to decide the result. The jury should take their instructions on the law solely from the judge.
The jury is not supposed to think about (or even, ideally, to know) the penalties that might be imposed if the accused is convicted. This is a factor that is not supposed to be considered when deciding on the question of guilt. The only time a jury is involved in sentencing is when asked to make a recommendation about the minimum period of parole ineligibility for someone convicted of second degree murder.
Occasionally, the judge may "direct" a verdict of not guilty on one or more charges. This will generally be because no evidence has been presented in relation to some aspect of the charge, or for some other reason that makes a guilty verdict not legally possible. If that happens, the jury will be told not to consider the charge. If there is a charge on which the judge has not directed a verdict, the jury will then retire to consider it; otherwise, they will be released.
 |
 |
 |
|---|---|---|
Custom Search
|
 |
|
FIRST LINE CRIMINAL LAW INFORMATION