INTRODUCTION AND BRIEF DESCRIPTION
Persons summoned for trial shall be added to the general panel and subject to the same procedures as those named in the original panel.
SECTION WORDING
642(3) The names of the persons who are summoned under this section shall be added to the general panel for the purposes of the trial, and the same proceedings shall be taken with respect to calling and challenging those persons, excusing them and directing them to stand by as are provided in this Part with respect to the persons named in the original panel.
EXPLANATION
Section 642(3) of the Criminal Code of Canada deals with the process of summoning potential jurors for a trial. When a trial is scheduled, the court must assemble a jury of impartial individuals who will hear the evidence and make a fair judgment. To do this, the court must draw from a pool of potential jurors, which is known as the 'jury panel.' Section 642(3) specifies that, when individuals are summoned to potentially serve on a jury, their names will be added to the general panel. This means that they join the group of potential jurors who may be selected to hear the evidence in the trial. This general panel is used to randomly select individuals for the actual jury. The section also outlines the procedures for calling and challenging potential jurors. Once individuals are added to the general panel, the defense and prosecution can challenge them if they believe that the potential juror is not impartial or does not meet certain criteria. For example, if a potential juror knows one of the parties involved in the trial, or has a personal bias, they may be challenged. Individuals who are summoned may also be excused from serving on the jury if they have a valid reason for being unable to do so. The court may also direct some individuals to 'stand by,' which means they may be called on if other potential jurors are challenged or excused. Overall, Section 642(3) ensures that the process of selecting a jury is fair and transparent, and that every individual has an equal chance of being selected to serve on a jury.
COMMENTARY
Section 642(3) of the Criminal Code of Canada pertains to the summoning of jurors for a trial. In essence, it dictates that the names of people who are summoned to serve on a jury should be added to the general panel, and that the same procedures for calling, challenging, excusing, and directing them to stand by should be followed as those for people in the original panel. In practical terms, what this means is that when someone is summoned for jury duty, they become part of the general pool of people who could potentially be chosen as a juror. This helps to ensure that the selection of jurors is random and unbiased, as a diverse group of people from different walks of life will all be in the mix. Additionally, the procedures for selecting jurors are standardized, so that each person has an equal chance of being chosen, regardless of who they are or what their background is. The process of calling and challenging jurors is an important one, as it allows both the prosecution and defense to weed out any potential jurors who they feel may be biased or otherwise unsuitable for the case at hand. For example, if a juror knows someone involved in the case or has a personal stake in the outcome, they may be deemed unfit to serve. Similarly, if a juror has strong feelings about the crime in question, they may be seen as prejudiced and therefore not impartial. The process of excusing and standing by jurors is also important, as it allows for the smooth functioning of the trial. If someone is excused from jury duty, for example due to a medical emergency or other extenuating circumstance, they can be replaced with another juror from the general panel. Similarly, if a juror is directed to stand by, it means that they will not be called upon to serve on that particular jury, but will remain in the general pool in case they are needed for future cases. All of these procedures work together to ensure that the jury that is ultimately selected is fair, unbiased, and representative of the community at large. This helps to ensure that justice is carried out in a way that is consistent with the principles of democracy and due process. Overall, section 642(3) of the Criminal Code of Canada is an important provision that serves to ensure that the process of selecting jurors is fair, transparent, and impartial. By requiring that everyone who is summoned for jury duty be added to the general panel, and that the same procedures for selecting jurors be followed for each person, this section helps to ensure that justice is carried out in a consistent and equitable manner.
STRATEGY
Section 642(3) of the Criminal Code of Canada outlines the process of adding names of summoned individuals to the general panel for the purpose of a trial. It is crucial for legal professionals involved in the trial process to consider strategic approaches when dealing with this section of the code in order to ensure a fair and effective legal process. The following are some key strategic considerations and potential strategies that can be employed when working with Section 642(3). One important consideration is the selection of individuals to add to the general panel. The names added should be representative of the broader community to ensure an impartial and unbiased group of individuals is available for the trial. Strategic approaches for selecting individuals could include selecting individuals from different geographical areas, different age groups, and different socio-economic backgrounds. This will help to create a diverse panel that is less prone to biases. Another key strategic consideration for legal professionals is the process of calling and challenging the individuals on the panel. Legal teams may have different strategies for challenging jurors based on factors such as prior biases, potential conflicts of interest, or their legal expertise. Attorneys can also use preemptory challenges, which allow them to reject a potential juror without giving a specific reason. Legal teams must also consider the potential impact of excusing jurors. Excusing certain individuals can affect the diversity and representation of the panel, so it is crucial to weigh the impact of excusing a juror against the potential benefits of a more impartial panel. Strategies for excusing individuals could include citing health or personal reasons, or citing factors such as their personal relationship to individuals involved in the case. Another key strategic consideration is the process of directing jurors to stand by. Legal professionals must consider whether to direct individuals to stand by and wait for a potential selection, or to release them. Strategies for directing jurors to stand by could include focusing on getting more information about their background or legal experience, or using this opportunity to observe their behavior and demeanor. Overall, the strategies employed when dealing with Section 642(3) of the Criminal Code of Canada will depend on the specifics of the case and the goals of the legal team. By considering the potential impact of their decisions and weighing the balance between impartiality and diversity, legal professionals can help ensure a fair and effective legal process.