The People’s Champion: Trial by Jury

This book provides information about all aspects of trial by jury, including a brief history, elections, eligibility, pre-trial motions, jury selection issues, constitutional considerations, opening and closing addresses, deliberations, jury nullification, mistrials, and even sentencing following a jury’s verdict.

Publication Language: English

Published: December 04, 2024

Publisher: LexisNexis Canada

Product Format Details Qty
Book
$125.00
Preorder ISBN: 9780433529347
Softcover | 512 pages

Trial by jury is more than just a constitutional right for people accused of serious crimes. It is one of the best legal methods yet devised by which disputed facts may be judged, and for holding the government accountable to the promises made by our Constitution.

Ancient in its origins, the jury’s continued importance to the practice of criminal law in Canada is difficult to deny. Honoured in literature, cinema, and the popular imagination, it is, for some, the epitome of the criminal trial. Unfortunately, for many young advocates, acquiring knowledge about this method of trial and its benefits for different types of cases is not easy. Practical experience is hard to come by, and written manuals on trial by jury are few and far between.

The People’s Champion: Trial by Jury provides information about all aspects of trial by jury, spanning more than 30 chapters. Bringing a practical sensibility to an institution surrounded by mythos, this text demystifies trial by jury, with a view to making the august institution accessible to practitioners in the 21st century.

Topics Covered

  • A brief history
  • Elections
  • Eligibility
  • Pre-trial motions
  • Jury selection issues
  • Constitutional considerations
  • Opening and closing addresses
  • Deliberations
  • Jury nullification
  • Mistrials
  • Sentencing following a jury’s verdict

Who Should Read This Book
Written for students, novice practitioners and experienced trial lawyers, The People’s Champion: Trial by Jury is a “how to” for advocates interested in advancing their clients’ cause through jury trials. Criminal lawyers who worry that they don’t “know it all” when it comes to trial by jury can access this text secure in the knowledge that they can at least learn some of the fundamentals of trial by jury.

This title will also be useful for law associations and libraries who want an easily accessible resource for patrons, as well as law schools and law professors for use in criminal law courses.

CHAPTER 1: WHY A JURY?

CHAPTER 2: A BRIEF HISTORY OF TRIAL BY JURY

CHAPTER 3: A TIMELINE FOR TRIAL BY JURY

CHAPTER 4: ELIGIBILITY (ADULTS)

CHAPTER 5: ELECTING TRIAL BY JURY (ADULT)

CHAPTER 6: PLEAS

CHAPTER 7: THE INDICTMENT AND THE SUPERIOR COURT ADMINISTRATIVE PHASE

CHAPTER 8: PRE-TRIAL MOTIONS

CHAPTER 9: SEATING, SHACKLES, LANGUAGE, ETC.

CHAPTER 10: ALLOWING JURORS TO QUESTION WITNESSES

CHAPTER 11: DEFENCE OPENING ADDRESS IMMEDIATELY FOLLOWING THE CROWN’S

CHAPTER 12: A VIEW OF SECTION 652 OF THE CRIMINAL CODE

CHAPTER 13: CHANGE OF VENUE – SECTION 599 OF THE CRIMINAL CODE

CHAPTER 14: ALTERNATE AND ADDITIONAL JURORS

CHAPTER 15: JUROR QUALIFICATIONS AND THE CONSTITUTIONAL DIVISION OF POWERS

CHAPTER 16: CREATING THE JURY ROLL AND JURY PANELS

CHAPTER 17: PICKING A JURY – OVERVIEW

CHAPTER 18: CHALLENGES TO THE ARRAY

CHAPTER 19: CHALLENGE TO THE POLL

CHAPTER 20: CHALLENGE FOR CAUSE

CHAPTER 21: TYPES OF QUESTIONS – CHALLENGE FOR CAUSE

CHAPTER 22: JUDGE’S EXCUSING VENIREMEN/TALESMEN – SECTION 632 OF THE CRIMINAL CODE

CHAPTER 23: OPENING ADDRESS – SECTION 651(2) OF THE CRIMINAL CODE

CHAPTER 24: CLOSING ADDRESS – SECTIONS 646 AND 651 OF THE CRIMINAL CODE

CHAPTER 25: THE JURY AND THE CHARTER

CHAPTER 26: CHARGE TO THE JURY

CHAPTER 27: SEQUESTRATION, SEPERATION AND DELIBERATION

CHAPTER 28: VERDICTS

CHAPTER 29: NULLIFICATION

CHAPTER 30: MISTRIALS

CHAPTER 31: JURY TRIALS AND SENTENCING

APPENDICES

TABLE OF CASES

INDEX

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