# A question about jury dismissals

**URL:** <https://boards.straightdope.com/t/a-question-about-jury-dismissals/581327>\
**Category:** Factual Questions\
**Created:** [May 9, 2011, 9:14pm UTC](https://boards.straightdope.com/t/a-question-about-jury-dismissals/581327 "2011-05-09T21:14:05Z")\
**Posts on this page:** 9\
**Page:** 3

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**Author:** ![Elendil\_s\_Heir](https://avatars.discourse-cdn.com/v4/letter/e/7cd45c/32.png) [@Elendil\_s\_Heir](https://boards.straightdope.com/u/Elendil_s_Heir)\
**Post date:** [May 11, 2011, 4:09pm UTC](https://boards.straightdope.com/t/a-question-about-jury-dismissals/581327/41 "2011-05-11T16:09:59Z")

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> [@sachertorte](#):
>
> We watched Law and Order.

That would _not_ be allowed in my courthouse. The jury commission’s waiting room, and the jury deliberation rooms, are very carefully kept empty of any law-related stuff. Don’t want the jurors to be doing independent “research.”

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**Author:** ![Spoons](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/spoons/32/3141_2.png) [@Spoons](https://boards.straightdope.com/u/Spoons)\
**Post date:** [May 11, 2011, 6:04pm UTC](https://boards.straightdope.com/t/a-question-about-jury-dismissals/581327/42 "2011-05-11T18:04:18Z")

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> [@Northern\_Piper](#):
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> I have to disagree with you on this, **Spoons**. I’m not aware of any process for a jury trial on a summary matter.

That’s fine. You’re correct–there isn’t one. My error; apologies to all.

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**Author:** ![Boyo\_Jim](https://avatars.discourse-cdn.com/v4/letter/b/87869e/32.png) [@Boyo\_Jim](https://boards.straightdope.com/u/Boyo_Jim)\
**Post date:** [May 11, 2011, 6:18pm UTC](https://boards.straightdope.com/t/a-question-about-jury-dismissals/581327/43 "2011-05-11T18:18:58Z")

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Is the “Charter” your constitution? What I am getting is the a person has a constitutionally guaranteed right to a jury trial that has a penalty of more than 5 years in prison, but the legislature has chosen to exceed this minimum by statute, guaranteeing the right to a jury trial if there is a penalty of more than 6 months. Is that a reasonable interpretation?

And we are all still waiting on a cite the Pierre Trudeau messed with this in some manner.

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**Author:** ![kenobi\_65](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kenobi_65/32/13178_2.png) [@kenobi\_65](https://boards.straightdope.com/u/kenobi_65)\
**Post date:** [May 11, 2011, 7:23pm UTC](https://boards.straightdope.com/t/a-question-about-jury-dismissals/581327/44 "2011-05-11T19:23:00Z")

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> [@Elendil\_s\_Heir](#):
>
> That would _not_ be allowed in my courthouse. The jury commission’s waiting room, and the jury deliberation rooms, are very carefully kept empty of any law-related stuff. Don’t want the jurors to be doing independent “research.”

Chuckle…when I had jury duty several years ago (never got called, spent 9 hours in the pool room), the TV channel was carrying the various “judge” shows (People’s Court, Judge Judy, etc.). Those shows made me weep for humanity.

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**Author:** ![alphaboi867](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/alphaboi867/32/3898_2.png) [@alphaboi867](https://boards.straightdope.com/u/alphaboi867)\
**Post date:** [May 11, 2011, 7:42pm UTC](https://boards.straightdope.com/t/a-question-about-jury-dismissals/581327/45 "2011-05-11T19:42:12Z")

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> [@Boyo\_Jim](#):
>
> Is the “Charter” your constitution?..Is that a reasonable interpretation?..

[It’s](http://en.wikipedia.org/wiki/Charter_of_Rights_and_Freedoms) Canada’s bill of rights. You’re correct about the right to a jury thing.

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**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\
**Post date:** [May 12, 2011, 4:08am UTC](https://boards.straightdope.com/t/a-question-about-jury-dismissals/581327/46 "2011-05-12T04:08:33Z")

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> [@Boyo\_Jim](#):
>
> And we are all still waiting on a cite the Pierre Trudeau messed with this in some manner.

Quite so. Prior to the enactment of the Charter in 1982, largely as the result of the efforsts of the Trudeau government, Canadians did not have a constitutionally guaranteed right to any jury trials. It was all purely statutory, which Parliament could have abolished if it chose to do so.

When Trudeau got the Charter enacted, he created the constitutional right to a jury trial for charges with a penalty of over 5 years.

According to **md2000** , that is an example of Trudeau’s dictatorial tendencies.

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**Author:** ![Hari\_Seldon](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/hari_seldon/32/5173_2.png) [@Hari\_Seldon](https://boards.straightdope.com/u/Hari_Seldon)\
**Post date:** [May 12, 2011, 10:39pm UTC](https://boards.straightdope.com/t/a-question-about-jury-dismissals/581327/47 "2011-05-12T22:39:05Z")

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> [@Northern\_Piper](#):
>
> Could you explain what you mean by this, **md2000**?

Just a bad case of Trudeauphobia. You know, I know and possibly he knows that most cases are provincial and the PM has little to do with them. I have been a citizen for only two years and don’t expect to be called, but if I am, my lack of French would probably disqualify me.

But my daughter lives in NYC and is called every three years or so. She sat on one jury that was hung (there was at least reasonable doubt, and maybe more than that) but she gets pretty automatically dismissed when they find out. A big pain, since she knows she is going to be dismissed.

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**Author:** ![Silver\_Tyger](https://avatars.discourse-cdn.com/v4/letter/s/fbc32d/32.png) [@Silver\_Tyger](https://boards.straightdope.com/u/Silver_Tyger)\
**Post date:** [May 12, 2011, 11:15pm UTC](https://boards.straightdope.com/t/a-question-about-jury-dismissals/581327/48 "2011-05-12T23:15:37Z")

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I was called up not too long ago. I think what got me dismissed was that I said that I thought the defendant was an idiot.

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**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\
**Post date:** [May 13, 2011, 5:54am UTC](https://boards.straightdope.com/t/a-question-about-jury-dismissals/581327/49 "2011-05-13T05:54:37Z")

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> [@Hari\_Seldon](#):
>
> I have been a citizen for only two years and don’t expect to be called, but if I am, my lack of French would probably disqualify me.

Not necessarily. An anglophone has a right to be tried in English, with the judge, Crown, and court officials all speaking English. (Francophones have the same right, only with French.)

If I recall correctly, you’re posting from Montreal, so there’s a pretty good chance of an accused wanting a trial in English, in which case an English-speaking jury would be required.

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