Lexis Nexis The People’s Champion: Trial by Jury
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Détails des produits
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.
Table des matières
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
