INTRODUCTION AND BRIEF DESCRIPTION
A judge may allow a jury to view a place, thing, or person during trial, if it is in the interests of justice.
SECTION WORDING
652(1) 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.
EXPLANATION
Section 652(1) of the Criminal Code of Canada provides a judge with the power to direct a jury to have a view of any place, thing or person. This means that the jury can physically go to a location or observe an object or individual in order to gain a better understanding of the evidence presented in court. The judge can exercise this power at any time after the jury has been sworn, but before it gives its verdict. This means that the view can be ordered during the trial to aid the jury in their decision-making process. The judge must consider whether it is in the interests of justice to direct the jury to have a view. This may be necessary if the evidence cannot be adequately presented in court or if the location or object itself is crucial to the case. The judge must also give directions on how and by whom the place, thing or person should be shown to the jury. This ensures that the viewing is done in a way that is fair and consistent. Finally, the judge may adjourn the trial for the purpose of facilitating the view. This means that the trial may be temporarily suspended to allow for the jury to have a view and then resume afterwards. Overall, Section 652(1) of the Criminal Code of Canada serves as a tool for a judge to provide a jury with a more complete understanding of the evidence presented in a trial and ultimately aids in ensuring a fair and just verdict.
COMMENTARY
Section 652(1) of the Criminal Code of Canada is an important provision that allows a judge the discretion to direct a jury to have a view of any place, thing, or person if they believe it is in the interests of justice. This section gives judges the power to ensure that jurors have all the necessary information to make an informed decision in a trial. The use of a jury view can be beneficial in a number of ways. Firstly, it allows jurors to get a better understanding of the evidence presented in the trial. This includes physical evidence, such as the scene of a crime, as well as the appearance and demeanor of witnesses. By seeing these things firsthand, jurors are able to better evaluate the evidence and draw their own conclusions. Additionally, a jury view can help to clarify any discrepancies or inconsistencies that may have arisen during the trial. For example, if a witness gave testimony about the layout of a crime scene but their testimony differed from the physical layout, a jury view would allow jurors to see which version of events is more accurate. This can be especially important in cases where eyewitness testimony is a key factor in the trial. Another benefit of a jury view is that it can help to prevent any misunderstandings or confusion that may have arisen during the trial. Jurors may have trouble visualizing certain aspects of the trial, and a jury view can help to clear up any misunderstandings they may have had. It is important to note, however, that a jury view should not be used as a substitute for evidence. Rather, it should be used as a supplement to the evidence presented in the trial. Judges must ensure that any evidence presented during a jury view is admissible and relevant to the case at hand. Furthermore, a jury view must be conducted in a manner that is fair and unbiased. The judge must give clear instructions to the jurors regarding what they are allowed to observe, and the prosecution and defense must both have the opportunity to be present during the jury view. Any party that is unable to attend the jury view must be given the opportunity to object to it beforehand. In conclusion, section 652(1) of the Criminal Code of Canada gives judges an important tool to ensure that jurors have all the necessary information to make an informed decision in a trial. A jury view can be helpful in clarifying evidence, preventing misunderstandings, and ensuring that the trial is conducted in a fair and unbiased manner. However, it is important that a jury view is conducted in a manner that is fair and unbiased, and does not serve as a substitute for evidence presented during the trial.
STRATEGY
Section 652(1) of the Criminal Code of Canada allows a judge to direct the jury to have a view of any place, thing, or person during the course of a trial if it appears to be in the interests of justice. This provision can be a valuable tool for both the prosecution and the defence in certain cases, as a physical viewing of evidence can often provide a clearer understanding of the facts and circumstances relevant to the case. There are several strategic considerations that parties should keep in mind when dealing with this section of the Criminal Code. The first and most obvious consideration is whether a view is necessary in the first place. A party should only request a view if they believe it will provide relevant evidence or assist the jury in understanding the case. If a view is unlikely to provide any meaningful benefit to the party's case, it may be best to avoid requesting one and instead focus on other forms of evidence. Another important consideration is the timing of the view. A party should ensure that the view is scheduled at a time when the relevant evidence is likely to be present and visible. For example, if the view is of a crime scene, it is important to arrange it while the scene is still intact and before any physical alterations have been made. It is also important for parties to carefully consider the logistics of the view. The judge will provide directions on how the view will be conducted, including who will supervise and escort the jury and who will be allowed to accompany the jury on the view. It is important for parties to ensure that their representatives are present and that any evidence is properly presented and explained during the view. In terms of specific strategies that could be employed when dealing with section 652(1), one approach may be to use a view as a way to challenge the credibility of a witness or evidence presented by the opposition. For example, if the prosecution's case relies heavily on the testimony of a witness who claims to have witnessed an event from a certain location, a defence lawyer may request a view of that location to show that the witness could not have seen what they claim to have seen from that vantage point. Another strategy may be to use a view as a way to provide a clear and compelling visual representation of the events at issue in the case. If the evidence can be presented in a way that is easily understood by the jury, it can be a powerful tool to sway their opinions and support the party's arguments. In conclusion, section 652(1) of the Criminal Code of Canada is a valuable tool that can be used by both the prosecution and the defence in certain cases. However, parties should carefully consider the strategic considerations when deciding whether to request a view and how to best present their evidence during the view.