Individuals charged with an indictable offence have the right to a trial composed of a court composed of a jury.
The jury is composed of 12 individuals from the same geographical region where the trial is being conducted. Thus the concept of a jury of my peers.
Members of the jury are selected by the defence lawyer and prosecutor from an array of over a hundred people summoned to court during the week the trial is set to commence. Depending on the severity of the charge, both the defence lawyer and prosecutor have a specified number of “challenges” they can use to exclude potential jurors.
Jury selection is an imperfect science but does involve strategic considerations. Lawyers rely on legal and human experience to determine who gets picked to serve.
At the selection phase, the lawyers are able to observe the potential juror briefly and are provided limited information about their background such as their profession and name. The lawyers make quick assessments based on their experience and common sense as to whether a potential juror “feels right” for that particular case.
Some of the factors that influence which jurors will be selected by either side include the nature of the charge and allegations, the background of the accused, and the complexity of the evidence. For instance, a defence lawyer representing an individual charged with tax evasion may choose to challenge/exclude a potential juror that works as a government auditor due to concerns over bias.
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At other times, a potential juror may be challenged/excluded for more instinctual reasons such as a lawyer or client’s gut reaction.
Also, accused persons of a certain ethnic or racial background may want to have at least some members of the jury be of similar heritage with the hope that these jurors are more likely to understand their plight.
One of the upsides to choosing a jury trial is that in order for the accused to be found guilty (or innocent) the verdict must be unanimous: in other words all 12 jurors must agree. If the verdict is not unanimous and a verdict cannot be reached then a mistrial will be declared. In this respect, some accused persons prefer to be tried by 12 persons that are certain to possess distinct experiences and perspectives rather than a single judge.
We have significant experience with jury trials. Call or email us to arrange a consultation.