section 631(2)

INTRODUCTION AND BRIEF DESCRIPTION

This section requires the cards from the jury panel to be placed in a box and thoroughly shaken together by the clerk of the court.

SECTION WORDING

631(2) The sheriff or other officer who returns the panel shall deliver the cards referred to in subsection (1) to the clerk of the court who shall cause them to be placed together in a box to be provided for the purpose and to be thoroughly shaken together.

EXPLANATION

Section 631(2) of the Criminal Code of Canada outlines the procedure for the selection of jurors in a criminal trial. This section requires the sheriff or another officer to return a panel of potential jurors to the court, which includes the names of individuals who are eligible to serve as jurors. Once the panel is returned, the sheriff or officer must deliver the cards that contain the names of potential jurors to the court clerk, who is responsible for ensuring that they are placed in a box for random selection. The cards are then thoroughly shaken together, which further ensures that the selection process is fair and unbiased. This selection process is critical to the administration of justice in the criminal justice system, as it ensures that individuals from all walks of life have a chance to participate in a trial and potentially serve on a jury. It also helps to prevent any manipulation or bias from occurring during the selection process, as the names of potential jurors are chosen randomly. Overall, section 631(2) is an essential component of the Criminal Code of Canada, as it promotes fairness and impartiality in the selection of jurors for criminal trials. By ensuring that the selection process is unbiased and random, it helps to uphold the principles of justice and fairness in the Canadian legal system.

COMMENTARY

Section 631(2) of the Criminal Code of Canada outlines the procedures for the delivery and handling of jury selection cards. This section is important as it ensures that the jury selection process is fair and unbiased. The section requires the sheriff or other officer who returns the panel to deliver the jury selection cards to the clerk of the court. The clerk of the court is then responsible for placing the cards in a box that has been supplied for the purpose. The cards are then thoroughly shaken together to ensure that the selection process is random and unbiased. The jury selection process is a crucial part of the Canadian criminal justice system and ensuring that it is fair and transparent is essential. The use of a random selection process for the selection of jurors ensures that the selection is unbiased and free from any external influences. The shaking of the cards in the box is important as it ensures that the selection process is truly random. This means that all citizens have an equal chance of serving on a jury and that the selection process is not biased in any way. The use of a jury in criminal trials is an essential part of the Canadian justice system. Jurors are selected from the general public and are tasked with listening to the evidence presented at trial and making a decision based on the facts. The use of a jury ensures that the criminal justice system is fair and that all citizens have a say in the outcome of criminal trials. However, the selection of jurors can also be problematic. There have been cases where the jury selection process has been biased against certain groups, such as visible minorities or Indigenous people. The use of a random selection process, as outlined in Section 631(2), helps to mitigate these biases and ensures that the selection of jurors is fair for all citizens. In conclusion, Section 631(2) of the Criminal Code of Canada is an important section that outlines the procedures for the delivery and handling of jury selection cards. This section ensures that the jury selection process is fair and unbiased and that all citizens have an equal chance of serving on a jury. The use of a random selection process is essential to the fairness of the Canadian criminal justice system.

STRATEGY

Section 631(2) of the Criminal Code of Canada deals with the selection of jury members for criminal trials. This section mandates that the sheriff or other officer who returns the panel shall deliver the cards referred to in subsection (1) to the clerk of the court who shall cause them to be placed together in a box to be provided for the purpose and to be thoroughly shaken together. This process aims to ensure a fair and impartial selection of jury members who will carry out their duties in an unbiased manner. When dealing with this section, there are several strategic considerations that lawyers, judges, and other stakeholders should take into account. The first strategic consideration is to ensure that the jury selection process is fair and unbiased. This means that jury members are selected randomly and without discrimination. As such, lawyers should review the list of potential jurors to ensure that there are no obvious biases or conflicts of interest. They should also be prepared to challenge any jurors who they believe are biased or have conflicts of interest. Judges should ensure that they provide clear instructions to the jury regarding their duty to be impartial. Another strategic consideration when dealing with Section 631(2) is the need for transparency. The selection of jury members must be done in an open and transparent manner for the public to have confidence in the integrity of the justice system. As such, lawyers should question any potential jurors who may have a bias or conflict of interest in an open court. The judge should also provide clear reasons for any challenges or exclusions of jurors to ensure transparency in the process. A third strategic consideration is the use of technology to facilitate the jury selection process. Electronic systems can be employed to randomly allocate jury members based on the eligibility criteria established by the court. This will eliminate any potential for bias or manipulation in the selection process. Using technology will also be convenient, time-efficient, and cost-effective, which can benefit all stakeholders in the justice system. Another strategy that could be employed is to educate the public on the jury selection process. There is often a lack of awareness and understanding of the process of selecting a jury. Educating the public will increase their confidence in the justice system and help dispel any negative myths or assumptions they may have about the selection process. Finally, ensuring that the jury panel is diverse is an important strategic consideration. The panel should reflect the diversity of the community to ensure that the jury members bring a range of experiences and perspectives to bear on the trial. This will help ensure that the jury's deliberations are informed and just. In summary, Section 631(2) of the Criminal Code of Canada mandates a fair and impartial selection of jury members for criminal trials. To ensure that this process is fair, transparent, and inclusive, stakeholders in the justice system should consider several strategic considerations, including - the need for fairness and impartiality, the importance of transparency, the use of technology, educating the public, and ensuring diversity in the jury panel. By implementing these strategies, the justice system will be more effective in delivering fair and just outcomes in criminal trials.