CANADIAN JUROR'S VIEW OF THE CRIMINAL JURY TRIAL - A REPORT TO THE LAW REFORM COMMISSION OF CANADA (FROM STUDIES ON THE JURY - CANADA, 1979 - SEE NCJ-62650)

• NCJ Number: 62652
• Author(s): A DOOB
• Date Published: 1979
• Length: 52 pages
• Corporate Author: Law Reform Cmssn of Canada
• Publication Format: Document
• Publication Type: Statistics
• Language: English
• Country: Canada

Annotation

RESULTS ARE PRESENTED OF A SURVEY CONDUCTED FOR THE LAW COMMISSION OF CANADA TO DETERMINE THE EDUCATIVE EFFECT AND USEFULNESS OF JURY SERVICE, JUROR ATTITUDES TOWARD THE SELECTION PROCESS, AND OTHER QUESTIONS.

Abstract

A 10-QUESTION PRESERVICE AND A 45-QUESTION POSTSERVICE QUESTIONNAIRE WERE DESIGNED AND TESTED. THEY WERE THEN COMPLETED BY APPROXIMATELY 500 JURORS AT SEVEN CANADIAN JURISDICTIONS. THE SURVEY RESPONSES INDICATE THAT JURY SERVICE HAS A POSITIVE EFFECT ON ATTITUDES TOWARDS THE CRIMINAL JUSTICE SYSTEM. IT ALSO HAS THE EDUCATIVE EFFECT OF INFORMING PARTICIPANTS ABOUT THE SYSTEM. JURORS VIEW THEIR ROLE AS A SOCIAL ONE RATHER THAN THAT OF LEGAL FINDERS OF FACT. BOTH CONFIDENCE IN THE LEGAL SYSTEM AND PREFERENCE FOR JURY TRIALS OVER TRIALS BY JUDGES ALONE INCREASE WITH JURY SERVICE. VERY FEW JURORS INDICATED THAT THEY WERE GREATLY INCONVENIENCED BY HAVING TO SERVE ON JURIES BUT MOST INDICATED THAT IT WOULD HAVE BEEN HELPFUL TO BE ABLE TO CHOOSE THE TIME OF SERVICE. THEY PREFERRED A COMPULSORY SYSTEM OF JURY DUTY RATHER THAN PANELS OF VOLUNTEERS. THE MAJOR COMPLAINT ABOUT JURY DUTY WAS THE AMOUNT OF WAITING THEY HAD TO DO. MOST JURORS INDICATED THEY THOUGHT THE SELECTION PROCESS HELPS BOTH SIDES OBTAIN FAIR AND IMPARTIAL JURORS. OF THOSE WHO WERE EXCLUDED BY LAWYERS, ONLY 23 PERCENT THOUGHT THE EXCLUSION WAS UNJUSTIFIED. JURORS FELT THEY WERE SUFFICIENTLY INFORMED ABOUT PROCEDURAL MATTERS BEFORE SITTING ON A JURY. THEY WERE EVENLY SPLIT ON WHETHER UNANIMITY SHOULD BE REQUIRED IN JURY DECISIONS. STATISTICAL TABULAR DATA AND APPENDIXES ARE PROVIDED IN THE STUDY. (AUTHOR ABSTRACT MODIFIED--LWM)