Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
The Canadian Criminal Jury, Regina Schuller, Neil Vidmar
The Canadian Criminal Jury, Regina Schuller, Neil Vidmar
Chicago-Kent Law Review
The Canadian criminal jury system has some unique characteristics. In contrast to American law, that gives precedent to free speech over fair trial, and English law, that favors fair trial over free speech, Canadian law occupies a middle ground balancing these competing values. Jury selection procedure in most trials is similar to that of England: jurors are assumed to be "impartial between the Queen and the accused" and are selected without voir dire. However, in cases involving exceptional pretrial publicity or involving accused persons from racial or ethnic minority groups, jurors are vetted by a "challenge for cause" process in …
Jury Selection And Jury Trial In Spain: Between Theory And Practice, Mar Jimeno-Bulnes
Jury Selection And Jury Trial In Spain: Between Theory And Practice, Mar Jimeno-Bulnes
Chicago-Kent Law Review
Even though Spain has traditionally followed a civil law system, it is at present the only European country to have introduced the common law model of jury trials into its criminal proceedings through the Spanish Jury Law of 1995. Despite counterproposals for mixed courts composed of professional judges consulting with lay assessors (escabinado), the Spanish jury system is now fully functional and diligently applies its sometimes extremely complex content. The rules on jury selection mean that the selection process is tong and somewhat tedious in both theory and practice. However, theory and practice can differ in jury trials, as a …