CRIMINAL JURY TRIALS: PATTERN INSTRUCTIONS AND RULES OF PROCEDURE
AbstractIn this article the author contends that insufficient attention has been given in Canada to the instruction of juries in criminal trials. The results are often that instructions are probably misunderstood by jurors, and that on appeal orders for new trials are made because of errors in instruction, thus adding to the congestion of the courts. The author argues that Canada should, with appropriate modifications, adopt both the technique of pattern jury instructions and some aspects of the criminal procedure which are in place in the United States. These changes could best be effected by removing from the Criminal Code rules of criminal procedure, and by the enactment, as delegated legislation, of a new set of rules of procedure governing pattern jury instructions.
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