Criminal Code of Canada - section 652.1(2) - Reduction of number of jurors to 12

section 652.1(2)

INTRODUCTION AND BRIEF DESCRIPTION

This section outlines the process for selecting the 12 jurors who will consider the verdict, by drawing numbered cards from a box containing cards with the numbers of all remaining jurors.

SECTION WORDING

652.1(2) However, if there are more than 12 jurors remaining, the judge shall identify the 12 jurors who are to retire to consider the verdict by having the number of each juror written on a card that is of equal size, by causing the cards to be placed together in a box that is to be thoroughly shaken together and by drawing one card if 13 jurors remain or two cards if 14 jurors remain. The judge shall then discharge any juror whose number is drawn.

EXPLANATION

Section 652.1(2) of the Criminal Code of Canada outlines the process for selecting the jury members who will retire to consider the verdict in a case. In Canada, jury trials are used for certain criminal offenses, and the role of the jury is to listen to the evidence presented in court and decide whether the accused is guilty or not guilty. When a jury trial takes place, there will usually be several potential jurors present. The number of jurors initially selected will depend on the type of offense and the specific court in which the trial is taking place. However, as the trial progresses, some jurors may need to be discharged for various reasons. If there are more than 12 jurors remaining at the end of the trial, the judge will need to select the 12 jurors who will retire to consider the verdict. To do this, the judge will write the number of each juror on a card that is of equal size. These cards will then be placed together in a box and thoroughly shaken so that they are all mixed up. Finally, the judge will draw one or two cards, depending on the number of jurors remaining. The jurors whose numbers are drawn will be the ones who retire to consider the verdict. The others will be discharged from their duties as jurors. This process is designed to ensure that the verdict is reached by a randomly selected group of jurors who are not biased or influenced in any way by the other potential jurors who were present but not selected. The importance of a fair and unbiased jury cannot be overstated in the Canadian criminal justice system. The right to a fair trial is enshrined in the Canadian Charter of Rights and Freedoms, and the use of a randomly selected jury is one of the key ways in which this right is protected. Section 652.1(2) of the Criminal Code of Canada is just one of the many provisions in place to ensure that the jury selection process is both fair and impartial.

COMMENTARY

Section 652.1(2) of the Criminal Code of Canada lays out a specific process for selecting jurors when there are more than 12 remaining. This section is important because it helps to ensure that trials are fair and unbiased, which is a cornerstone of the Canadian justice system. The process outlined in this section begins with the judge identifying the 12 jurors who will retire to consider the verdict. To do this, the judge has the numbers of all the remaining jurors written on cards of equal size. These cards are then placed in a box and shaken together. If there are 13 jurors remaining, one card is drawn, and if there are 14 remaining, two cards are drawn. The jurors whose numbers are drawn are then discharged, meaning they are excused from further participation in the trial. The purpose of this process is to help ensure that the remaining jurors are selected in a random and impartial manner. By using a randomized process that involves drawing cards from a box, the judge is able to avoid any potential biases or favoritism in the selection of jurors. This process ensures that the jury is made up of a diverse group of individuals who are representative of the community and are capable of making an unbiased decision. Furthermore, Section 652.1(2) ensures that the number of jurors selected is not too large, which could lead to delays in the trial process. In criminal trials, a jury is typically made up of 12 individuals who must reach a unanimous decision. Allowing for more than 12 jurors to be selected could result in a longer deliberation process and potentially lead to a mistrial if unanimity cannot be reached within a reasonable amount of time. By discharging jurors whose numbers are drawn, the process ensures that the trial can proceed in a timely manner. In summary, Section 652.1(2) is an important provision of the Criminal Code of Canada that governs the selection of jurors in criminal trials. It helps to ensure that the jury is selected in a random and impartial manner, that the number of jurors selected is appropriate, and that the trial process can proceed smoothly and efficiently. These safeguards are essential to ensuring that trials are fair, unbiased, and reflective of the principles of justice and equality that underpin the Canadian legal system.

STRATEGY

Section 652.1(2) of the Criminal Code of Canada is a crucial aspect of the legal system, and it is essential to approach it strategically to maximize the chances of a favorable outcome. This section deals with the process of selecting the 12 jurors who will retire to consider the verdict in a jury trial. Here are some strategic considerations and strategies that can be employed when dealing with this section of the Code. Considerations: 1. The Importance of Jury Selection: Jury selection is a critical aspect of a criminal trial, and it is essential to approach it strategically. The selection process encompasses the process of selecting the 12 jurors who will listen to the evidence, deliberate, and ultimately deliver a verdict. These jurors' decisions can have a significant impact on the outcome of the trial, and as such, care must be taken to ensure that the right individuals are selected. 2. The Role of the Judge: The judge is responsible for selecting the 12 jurors who will retire to consider the verdict. It is essential to understand the judge's criteria when selecting jurors and to tailor the selection process accordingly. While the judge will generally review each juror's background and qualifications, there are specific considerations that lawyers can appeal to when advocating for or against a particular juror's selection. 3. The Importance of Strategy: Creating a strategic plan for jury selection is critical to achieving a favorable outcome. An attorney should have a thorough understanding of the case, the potential biases of the jurors, and the law specific to the case. By working with a jury selection consultant, lawyers can gather data and develop a strategic plan that will help them make the best use of Section 652.1(2). Strategies: 1. Research and Gather Data: To make informed decisions about selecting the jurors who will be tasked with deciding the case, it is critical to conduct research and gather data. This information can be used to identify potential biases, understand the mental models of the jurors, and formulate questions and goals for the cross-examination process. 2. Juror Questioning: The lawyer can employ strategic questioning techniques to gain insights into the jurors' biases that may affect the trial appropriately. Questions may cover issues like personal background, prior experiences, and socio-economic status. By using targeted questioning techniques, lawyers can gain a better understanding of which jurors are most likely to be impartial while also building rapport. 3. Jury Selection Consultant: Working with a consultant can be one of the most effective strategies for approaching Section 652.1(2) of the Criminal Code of Canada. Jury selection consultants can help lawyers develop a customized plan that takes into account the specific needs of the case, including potential biases and juror preferences. Through the use of scientific data and analytics, consultants can optimize the selection process, ensuring that the most impartial and favorable jurors are selected. 4. Challenge for Cause: Section 652 of the Criminal Code of Canada provides for the challenge for cause process, which allows a lawyer to remove a juror from the trial pool for a specific reason, such as bias or prejudice. Careful consideration must be taken when deciding to challenge a juror, as it may limit the available pool of jurors. Conclusion: Section 652.1(2) of the Criminal Code of Canada is a crucial aspect of the Canadian legal system. When dealing with this section of the Code, it is essential to consider the strategic implications and take a data-driven approach. By conducting research, using strategic questioning techniques, and working with a consultant, lawyers can increase their chances of selecting the most impartial and favorable jurors. Ultimately, with the right approach, the Section 652.1(2) component of the trial process can produce the most desirable outcomes.