Jury duty and other legal stuff

Jeslek

Jeslek

Banned
So hmm, yes I'm thinking about this stuff again. When you get summoned, do they tell you whether you will be part of a trial jury or a grand jury? Can you get summoned to be part of a grand jury?

In Ontario, a jury panel is made up of 12 people. The jury will listen to the facts presented to them and then in their deliberations decide whether the defendant is guilty or innocent. A vote must be unanimous or a mistrial will be declared and the entire trial will be started from scratch. What bugs me is that it is illegal to discuss jury deliberations with other people. Why could that be so? I would be interested in knowing.

Ontario also gives the prosecutor the right to appeal a case. Some countries reserve that right for the defendant and do not give the prosecutor the right to appeal. How does your state/country handle appeals?

Lastly, do you have anything against serving as juror? :)
 
Well, here giving the prosecutor the right to appeal is called double jeapordy, and it isn't allowed. You can only be tried for a crime once.

Jury duty would be cool, but I've never been called, and I doubt I could be partial enough during voir dire to be selected.
 
I doubt i would do it if they would call me. Unless of course, they are paying me :D
 
Here in the US, if you are a registered voter, jury duty is the price you pay...Unless you are indispensible on your job (government worker usually). There are other ways, though, like being an ex-convicted/paroled felon.
 
Not necesarily, Gato. Here in Missouri they get the Jury Duty rosters from the Driver's License Bureau now.
 
PuterTutor said:
Well, here giving the prosecutor the right to appeal is called double jeapordy, and it isn't allowed. You can only be tried for a crime once.
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No sir, double jeapordy is something different. Canada also has a double jeapordy law. Double jeapordy says you cannot be tried for the same crime twice or more. When you appeal a decision, you merely appeal the judge's instructions and procedures in the court case to a higher authority. The United States does allow the prosecution to appeal. For example, one of the Department of Justice vs Microsoft cases the DoJ appealed a ruling. Another example, a few years ago a jury acquitted a man charged with shaking his baby to death. The prosecution appealed the case.

Jury duty would be cool, but I've never been called, and I doubt I could be partial enough during voir dire to be selected.
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Hehe, well, the easiest way of getting out is to bring a book to read while waiting for the interview. A book like Mein Kampf. Of course, I personally believe it is every citizen's responsibility to serve as juror every now and then.
 
I'm afraid you are mistaken Jerrek, I would like to see some backup to your statements there, as the prosecution appealing is the same as double jeapordy. Lets see some proof.
 
Pt, The prosecution can appeal to have a decision vacated because of a flaw in proceedure. If the case goes to verdict and no flaw exists, the verdict would stand and the defendent can't be tried again on that charge.
 
Then it's not an appeal of verdict, but an appeal within the course of a trial?
 
PuterTutor said:
Then it's not an appeal of verdict, but an appeal within the course of a trial?
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There is no difference between the two Puter. An appeal by definition is questioning the judge's instructions to the jury, the judge's decision, and the judge's following of procedure.
 
Yes. They're asking for a retrial on the grounds of flawed proceedure. It would vacate the previous verdict as if it never took place.
 
Ok, I see the difference, but I still don't know that it's fair to say "The Prosecution has a right to appeal" The prosecution has a right to appeal if certain procedures were not followed, not if they just lost.
 
PuterTutor said:
I'm afraid you are mistaken Jerrek, I would like to see some backup to your statements there, as the prosecution appealing is the same as double jeapordy. Lets see some proof.
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http://www.cnn.com/US/9711/25/briefs/au.pair/

CAMBRIDGE, Massachusetts (CNN) -- Prosecutors on Tuesday appealed a judge's decision that led to freedom for Louise Woodward, the British au pair convicted in the shaking death of a baby in her care.
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http://www.co.eaton.mi.us/ecpa/process.htm

Either party can request that the case be scheduled before the appellate court judges for oral argument.
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Double jeapardy merely refers to being tried twice for the same offense.
 
PuterTutor said:
Ok, I see the difference, but I still don't know that it's fair to say "The Prosecution has a right to appeal" The prosecution has a right to appeal if certain procedures were not followed, not if they just lost.
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The same goes for the defense :) If you lost, you still need to justify an appeal, and simply losing will not count.
 
Squiggy said:
:nono: He must have me on ignore. i thought I had just said that...
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No, I just didn't see your post until after I replied... :D I reply on a per message basis using the button on the right of the post (not the quick reply), and didn't see your post until afterwards. Sorry buddy ;)
 
edited cus you guys post too fast

I've never been called for jury duty although I've been registered for years. I would like to serve on a jury and wouldn't try to get out of it like so many people do.

A friend of mine was denied because she had been involved in EMS as a Paramedic and the case was some kind of personal injury case. They argued that she would be unfairly biased because she was in the health care field and would take the side of the person who was injured. :rolleyes:
 
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