Jury instruction 362 in criminal case in california

Sharpe SCC 2 Co-counsel for intervener on issue of constitutionality of child pornography provisions. Melnichuk [] S. Messer N. Charles CACR Appeal against convictions for weapons offence allowed on consent where trial judge drew improper adverse inference. Grandine ONCA Trial judge improperly leaving alternative theory of liability with jury on manslaughter conviction.

Smith's Criminal Case Compendium

Boukhalfa, ONCA : Provocation and admissibility of statement in context of second degree murder conviction. Saikaley, ONCA : Criminal interest rate convictions set aside and various other legal issues dealt with. Over cases argued at Court of Appeal for Ontario. Our Team Michael Lacy. Contact T: Biography Publications Notable Cases I am a partner in the criminal law group primarily focusing on criminal trials and appeals. Walle SCC 41 Acted for intervener on "sane and sober" inference instruction where accused had mental deficits R. Deschamplain SCC 76 Counsel for Appellant on issue surrounding sufficiency of evidence for committal to stand trial R.

Since they elicited no opposition, the Steering Committee decided that they be the subject of recommendations. For the sake of uniformity, these objectives would be best addressed by legislative amendment.

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It would not be desirable for the anonymity of jurors in one province to be better protected than that of jurors in other provinces. Of interest for comparative purposes are New Zealand's recent amendments to its Juries Act , whose effects are substantially similar to those sought by paragraphs 2, 4, 6 and 10 of the order cited above:.


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Rules of court could be adopted to take into account regional characteristics or the trial judge could make an order to respond to particular concerns relating to a matter of which the judge is seized. Nevertheless, it seems advisable that standards be established in the Criminal Code. In addition, current provisions may be interpreted as limiting the power to make certain specific orders for example, restricting access to cards drawn in court. It would be advisable to research into the origin of the parties' access to the personal information of jurors during jury selection and at the same time examine the currency of its justification in view of the reliability of existing administrative checks electronic voters' lists, data banks, means of disclosing information about individuals, etc.

Why does calling prospective jurors only by their number remain an exceptional measure? Are there reasons for believing that a jury constituted in that manner would be less reliable than one constituted with the usual procedure of calling out the names? Concerns that a prospective juror may have ties to one of the parties, not live in the judicial district of the offence, be biased because of his or her profession or occupation or not be the person whose name appears on the panel could surely be addressed by asking general questions rather than by requiring the disclosure of specific information to the parties name, address, occupation, etc.

Section The provision however applies only to cases involving criminal organization offences ss. The power to make such orders should be extended. It could be argued that just as the interests of justice require protecting a victim's anonymity to encourage the reporting of certain offences, so do they require restricting freedom of the press to limit the inconveniences of sitting as a juror to encourage public participation in the jury system.

Judges have already made innovations in this regard in the exercise of their inherent powers to ensure the peace of mind of jurors: layout of the courtroom to screen the jurors from public view; prohibiting visible tattoos, restricting traffic in the courtroom while jurors are present, prohibiting access by individuals whose presence may disturb the equanimity of participants, which include jurors, etc.

It is important, however, that such measures not prejudice the accused in the eyes of the jury. The measures must be balanced against the right of the accused to a fair trial and must at times be the subject of a special instruction to limit their effect on the jury's perception of the accused. Amend s.


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  • Judicial Council of California Criminal Jury Instructions (2017 edition).
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In so doing, consider the orders that have been made to that effect under a judge's inherent powers, keeping in mind the original reasons for calling out the names of prospective jurors and allowing access by the parties to that information. Facilitate the obtaining of orders banning publication and broadcast of information that could serve to identify a juror by an amendment to the Criminal Code.

Examine the advisability of codifying the judge's power to order other more exceptional measures to protect the anonymity and safety of jurors, while preserving the accused's right to a fair trial. There appears to be a consensus among all respondents to the consultation that the compensation paid to jurors is insufficient.

Court of Appeal, Third District, California.

Although the meagre compensation paid to jurors has historically contributed to the value of their commitment and of the jury system, it clashes with the realities of modern society. There are also wide variations among the provinces:. In addition to the marked differences among the provinces, the rational basis for some payment schemes is difficult to understand: when it is known at the outset that the trial will last for weeks, why pay rate X for the first 10 days of jury sittings and higher rate Y even up to double for the following days?

The contribution made by jurors during the first 10 days is not of any lesser value than that during subsequent days;. In certain jurisdictions, payment of meal and travel expenses is similar to the rate paid to public service employees;. The expenses that may be incurred by the juror for such supervision or care, that would not have been incurred were it not for the trial, are likely to outweigh the compensation, even result in a financial deficit;.

A non-unionized employee replaced by the employer for the duration of the trial will often not be able to work on the jury's non-sitting days and thus not receive any pay or compensation for those days, even though, technically, the jurors can be considered to be available to the court during proceedings in the absence of the jury. A juror's economic security should not be dependent on the uncertainties of a long trial; [32] where there is a greater likelihood of suspension of hearings in the presence of the jury in particular for disposition of issues in the absence of the jury ;.

Only one province appears to provide the allowance, on court order. Jurors may indeed be confronted with disturbing details accounts of violence against vulnerable individuals, autopsy photographs, medical report findings, etc. Defence counsel respondents to the consultation nevertheless expressed concerns regarding such a measure;. Contrary to the case law on compensation for jurors, no power to order compensation for prospective jurors appears to have been conferred on the judge at the selection process.

Some members of the Steering Committee also pointed out the needs observed regarding the improvement of infrastructures and accommodations at the jurors' disposal deliberation rooms, resting rooms, etc.

Although jury duty remains above all a civic duty that should not be motivated by economic gain, the realities of modern society must also be considered. The issue of jury compensation is of particular concern to the Steering Committee. It affects efficiency since inadequate compensation can lead to applications for exemption, which lengthen the selection process, or applications for discharge during the trial.

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California Law on Judicial Estoppel

It also directly impacts the principle of jury representativeness. In fact, a number of observers, [34] in addition to respondents to the consultation, have noted that the situation contributes to excluding certain categories of individuals the self-employed, single parents, non-unionized workers, etc.

NEW BRUNSWICK COURT OF APPEAL

The negative impact of such confrontations on citizens who one day could be called upon to serve on a jury should not be ignored. Insufficient infrastructures and accommodations at the jurors' disposal will not only cause undue stress but may also turn into a bitter experience for the jurors who may dissuade their fellow citizens from performing their civic duty. Juror compensation is an issue that comes predominantly under provincial and territorial jurisdiction. Nevertheless, in view of its possible impact on representativeness or on the complexity of empanelling a jury, it is also an issue of national interest that could in the long term contribute to questioning the institution.

The Steering Committee considers that its composition makes it an ideal forum for general recommendations in the form of guidelines which could be used by the different jurisdictions, taking into account their particular economic and social factors cost of living, number of jury trials, average length of trials, etc. It is important that the information given to jurors on their role and duty sufficiently inform them about all compensations to which they are entitled and explain to them how and to whom they should send requests.

More specifically with respect to psychological care for jurors, it should be noted that a jury debriefing program was established in Manitoba:. The various aspects of the debriefing consisted of introductions, an explanation of the purpose of the debriefing session, a cautionary note pertaining to non-disclosure of jury discussions, and information about post-trial trauma, signs and symptoms, and mental health resources for jurors. After this information was exchanged, the jurors were asked about their overall experience, the emotions that they were feeling right now, if they were stressed and, if so, how they were coping and what, if anything, they needed.

An evaluation of the session was completed by the jurors immediately following the session and they were contacted three months later and asked specific questions on how they were managing.

Standard Jury Instructions in Criminal Cases

All of the jurors expressed that they felt that the debriefing session had a beneficial effect. Moreover, on the follow-up session involving 10 of the 12 jurors, none of the 10 jurors expressed experiencing any post-traumatic stress resulting from their role as jury members. Ultimately however it is judges who must authorize the debriefing to commence.

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Manitoba's Justice Minister, Gord Mackintosh, has stated that the jury debriefing program will probably focus on murder trials at first but that it may possibly grow to include other types of cases. Very few studies have been conducted in Canada on the phenomenon of post-traumatic stress experienced by jurors. The characteristics of the American system of jury trials limit extrapolation of the results of those studies to Canada the greater intrusiveness of the selection procedure into the private lives of jurors, the prevalence of jury sequestration, the possibility of the death penalty after a verdict of guilt, etc.

There appear to be very few studies on the results of such initiatives. Provincial and territorial jurisdictions and representatives of the judiciary should observe the evolution and note the results of the Manitoba experience. Vickerson, [] O. Jacobson, supra, par.