We found a match
Your institution may have access to this item. Find your institution then sign in to continue.
- Title
"UNLOCKING PANDORA'S BOX?": RESOLVING THE CLASH OF INFRASTRUCTURE AMIDST THE RISKS OF JURY SECRECY.
- Authors
KHAKHAR, NIK
- Abstract
This paper argues that to reduce jury-induced wrongful convictions, reforms must be targeted towards guiding prosecutorial discretion. The Crown has the ultimate say on whether to allow a judge-alone trial, making prosecutorial decision-making the most practical avenue to address the risks inherent in jury verdicts. Part I examines research on the accuracy of jury verdicts, challenges assumptions on jury secrecy rules in Canada, and identifies practical difficulties in modifying them. Part II explores the unequal appellate review of judge-alone and jury verdicts, and Part III discusses the mandatory jury trial provisions for severe offenses, which may increase the risk of wrongful convictions. Finally, Part IV examines the Crown's role in consenting to judge-alone trials, and proposes policy modifications informed by wrongful convictions risks.
- Subjects
CANADA; DECISION making; JURY trials; LAW reform; VERDICTS
- Publication
University of Toronto Faculty of Law Review, 2023, Vol 81, Issue 2, p191
- ISSN
0381-1638
- Publication type
Article