Jury Selection for Criminal Trials
Twelve jurors are chosen for criminal trials. Crown counsel, defence counsel, the accused and court staff are present during jury selection.
To start the court clerk reads the charges and the accused is asked to plead guilty or not guilty. When the accused pleads not guilty, the trial starts with the selection of the jury.
Next, the court clerk randomly draws the names of the panelists. The panelists are those randomly selected to attend the jury selection. Counsel will pick the jurors for the trial from these panelists.
When your name is called, you will need to answer “here” and move to the front of the court. The sheriff will show you where to sit. They will call 15 or 20 panelists. If you feel you cannot serve, tell the sheriff you would like to speak to the judge about your situation. It is important that you do this before the next step, when the Crown or defence counsel either consents to you being a juror or challenges your selection.
Counsel wants to make sure you have not already decided whether the accused is guilty or not guilty. Both Crown and defence counsel have the opportunity to challenge or consent to each juror's participation.
At this point, one of three things may happen:
- You may be asked to stand aside, with no explanation given. At this time, you must wait until the other jurors have been chosen before you can return to your seat.
- Each panelist may be “challenged” by either the Crown or defence counsel. If challenged, you are asked to go back to your seat. Your name will be re-entered in the box where names for other juries will be drawn. You may be called again at a later time.
- Both counsel may consent to you serving as a juror. In this case, you have been selected as a juror and will be sworn in or affirmed and then seated in the jury box.
When 12 jurors have been chosen and sworn in or affirmed, the case is adjourned (delayed to another time) and the jury is led out of the courtroom. The selection process begins for the next trial.
Before leaving the courtroom you will be told how long the trial is expected to last and the date it will start. Sometimes a trial can last over 15 days. Criminal trials usually last between five to 10 days.
