Exam 8: The Psychology of the Jury

Correct Answer:

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"Jury selection" is the correct term because it refers to the process of choosing individuals to serve on a jury. The term "deselection" would imply the opposite process of removing individuals from the jury, which is not the primary focus of the selection process. While potential jurors can be disqualified or excused for various reasons, the overall goal is to select a fair and impartial jury, making "jury selection" the more appropriate term.

Correct Answer:

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The use of challenges in Canadian trials should not be discontinued. Challenges, such as peremptory challenges and challenges for cause, are important tools for both the prosecution and the defense to ensure a fair and impartial jury is selected. Peremptory challenges allow each side to dismiss a certain number of potential jurors without providing a reason, while challenges for cause allow a juror to be dismissed if there is evidence of bias or inability to be impartial.

Discontinuing the use of challenges in Canadian trials could potentially undermine the fairness of the jury selection process and limit the ability of both the prosecution and the defense to ensure a fair trial. Without the ability to challenge potential jurors, there is a risk that biased or impartial individuals could end up serving on a jury, which could ultimately impact the outcome of the trial.

While challenges have been the subject of debate and criticism, particularly in high-profile cases, they remain an important aspect of the Canadian legal system. Instead of discontinuing challenges, efforts should be made to address any concerns about their use and ensure that they are employed in a way that promotes fairness and impartiality in the jury selection process.