CRIMINAL AND CIVIL JURY CHARGES
AbstractIn this article the author examines criminal and civil jury charges within Canadian courts. In doing so, he illustrates the faults of the jury system, and offers suggestions for improvement. He begins by examining general considerations in relation to the jury in both civil and criminal cases. Next, the author examines criminal and civil charges respectively and in doing so, illustrates the steps of the trial process, as well as his own experiences and recommendations. The author then examines the jury charge in relation to the law of negligence in automobile accident cases, as well as in relation to the law as to damages. He concludes his article by reinforcing the notion that pre-set jury charges are only of limited use in Canadian provinces at this time, and suggests that in many instances, the jury charge should be the product of a joint effort of judge and counsel.
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