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NCJ Number: 69317 Find in a Library
Title: PROPOSALS FOR REFORM OF THE JURY ACT, 1979
Corporate Author: Law Reform Cmssn of Saskatchewan
Canada
Date Published: 1979
Page Count: 15
Sponsoring Agency: Law Reform Cmssn of Saskatchewan
Saskatchewan S7K 2H6, Canada
Sale Source: Law Reform Cmssn of Saskatchewan
122 Third Avenue North
Saskatoon
Saskatchewan S7K 2H6,
Canada
Language: English
Country: Canada
Annotation: A PROPOSAL FOR REFORMING THE LAW GOVERNING JURY SERVICE IN SASKATCHEWAN, CANADA, IS PRESENTED BY THE PROVINCE'S LAW REFORM COMMISSION.
Abstract: SHORTCOMINGS IN EXISTING JURY LAW ARE IDENTIFIED RELATIVE TO THE MAKEUP OF THE JURY, JURY SELECTION PROCEDURES, PAYMENT OF JURORS, AND THE PROVISION OF JURY TRIALS IN CIVIL MATTERS. EXPANSION OF THE POOL FROM WHICH JURORS ARE SELECTED IS RECOMMENDED, AS IS THE ELIMINATION OF ALL AUTOMATIC EXCLUSIONS FROM JURY SERVICE EXCEPT THOSE THAT CAN BE JUSTIFIED ON PRINCIPLE. SUCH EXCEPTIONS ARE LISTED. USE OF THE SASKATCHEWAN HOSPITAL SERVICES PLAN BENEFICIARY LIST, WHICH INCLUDES THE NAMES OF 98 PERCENT OF THE POPULATION, IS RECOMMENDED AS A MEANS OF INCREASING THE REPRESENTATIVENESS OF JURIES. USE OF THIS SOURCE WOULD MEAN THAT MORE PERSONS OF NATIVE ANCESTRY WOULD BE SELECTED FOR JURY DUTY. GUIDELINES FOR DETERMINING COMPENSATION PAID TO JURORS ARE OUTLINED. THE EXISTING REQUIREMENT OF A $1,200 DEPOSIT FROM CIVIL LITIGANTS WISHING A JURY TRIAL IS SAID TO FAVOR WEALTHIER LITIGANTS AND TO FORCE MANY OTHER LITIGANTS TO SETTLE OUT OF COURT REGARDLESS OF THE MERITS OF THE CASE. TO CHANGE THIS SITUATION, IT IS RECOMMENDED THAT THE SIZE OF THE CIVIL JURY BE REDUCED FROM 12 TO 6, AND THAT NO DEPOSIT BE REQUIRED FOR CIVIL LITIGATION IN WHICH THERE IS AN IDENTIFIABLE PUBLIC INTEREST IN HOLDING A JURY TRIAL. GUIDELINES FOR DETERMINING DEPOSITS IN OTHER CIVIL CASES ARE ALSO OFFERED. A MODEL LAW EMBODYING THESE AND OTHER REFORMS IS PRESENTED, TOGETHER WITH SAMPLE JUROR SUMMONS AND REPLY FORMS.
Index Term(s): Juries; Jury selection; Law reform; Saskatchewan
Note: *This document is currently unavailable from NCJRS. REPORT TO THE ATTORNEY GENERAL BY THE LAW REFORM COMMISSION OF SASKATCHEWAN (CN)
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http://www.ncjrs.gov/App/publications/abstract.aspx?ID=69317

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