Example Jury Instructions: Difference between revisions
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{{ | [[fr:Exemple d'instructions au jury]] | ||
{{HeaderJuryInstructions}} | |||
==Introduction== | ==Introduction== | ||
The following contains quotations of instructions that were considered by appellate courts as being | {{seealso|Established Areas of Jury Instruction}} | ||
The following contains quotations of instructions that were endorsed or considered by appellate courts as being sufficient under certain circumstances. There are also outlines that enumerate types of instructions. | |||
There are four types of instructions: 1) selection instructions 2) introductory/preliminary 3) mid-trial instructions and 4) final | |||
==Example Types== | |||
* [[Example Jury Selection Instructions]] | |||
* [[Example Preliminary Jury Instructions]] | |||
* [[Example Mid-Trial Jury Instructions]] | |||
* [[Example Final Jury Instructions]] | |||
=Evidence= | =Evidence= | ||
| Line 21: | Line 18: | ||
{{seealso|Admissions}} | {{seealso|Admissions}} | ||
* "An admission stands in the place of and renders unnecessary testimony or exhibits to prove what has been admitted. Jurors are to take what is admitted as proven fact and consider the facts admitted, along with the rest of the evidence in deciding the case."<ref> | * "An admission stands in the place of and renders unnecessary testimony or exhibits to prove what has been admitted. Jurors are to take what is admitted as proven fact and consider the facts admitted, along with the rest of the evidence in deciding the case."<ref> | ||
{{CanLIIRx|Brookfield Gardens Inc|hq5mk|2018 PECA 2 (CanLII)}}{{perPEICA|Murphy JA}}{{atL|hq5mk|25}} | |||
</ref> | </ref> | ||
| Line 51: | Line 48: | ||
===Race=== | ===Race=== | ||
* "Thinking about your own beliefs, would your ability to judge the evidence in this case without bias, prejudice or partiality, be affected by the fact that [accused] is black?"<ref> | * "Thinking about your own beliefs, would your ability to judge the evidence in this case without bias, prejudice or partiality, be affected by the fact that [accused] is black?"<ref> | ||
{{CanLIIRx|McKenzie|hs7r3|2018 ONSC 2764 (CanLII)}}{{perONSC|Campbell J}}{{atL|hs7r3|25}} | |||
</ref> | </ref> | ||
{{reflist|2}} | {{reflist|2}} | ||
==Unsavoury (Vetrovec) Witnesses== | ==Unsavoury (Vetrovec) Witnesses== | ||
| Line 61: | Line 57: | ||
<!-- | <!-- | ||
{{CanLIIRP|Bailey|gs9bb|2016 ONCA 516 (CanLII)|339 CCC (3d) 463}} | |||
{{CanLIIRx|Ballantyne|gwvgr|2017 MBCA 4 (CanLII)}} | |||
R v Bradshaw SCC | |||
{{CanLIIRP|Boone|gp0k1|2016 ONCA 227 (CanLII)|347 OAC 250}}{{perONCA|Brown JA}} | |||
''R v Bradshaw'', SCC | |||
Cain ONCA | Cain ONCA | ||
Charles ONCA | Charles ONCA | ||
| Line 71: | Line 70: | ||
Fatunmbi MBCA | Fatunmbi MBCA | ||
Figueroa ONCA | Figueroa ONCA | ||
Greenwood NSCA | |||
Jones-Solomon ONCA | {{CanLIIRx|Greenwood|g8vr5|2014 NSCA 80 (CanLII)}}{{perNSCA-H|Fichaud JA}} | ||
{{CanLIIRP|Jones-Solomon|glc9p|2015 ONCA 654 (CanLII)|329 CCC (3d) 191}}{{perONCA|Brown JA}} | |||
Keeping NLCA | Keeping NLCA | ||
Kler ONCA | Kler ONCA | ||
| Line 94: | Line 96: | ||
===Murder=== | ===Murder=== | ||
* On the issue of intent, the Judge must instruct the jury to "consider all of the evidence" when deciding the issue of intent.<ref> | * On the issue of intent, the Judge must instruct the jury to "consider all of the evidence" when deciding the issue of intent.<ref> | ||
* Inferences on intent "inference that may be rebutted by evidence of intoxication" | {{CanLIIRP|Pruden (DJ)|frpwm|2012 MBCA 62 (CanLII)|280 Man R (2d) 207}}{{perMBCA|Steele JA}}{{atL|frpwm|4}} </ref> | ||
* Inferences on intent "inference that may be rebutted by evidence of intoxication."<Ref> | |||
{{ibid1|Pruden}}{{atL|frpwm|6}}</ref> | |||
{{reflist|2}} | {{reflist|2}} | ||
| Line 102: | Line 106: | ||
{{reflist|2}} | {{reflist|2}} | ||
==See Also== | |||
* [https://www.nji-inm.ca/index.cfm/publications/model-jury-instructions/?langSwitch=en Model Jury Instructions - National Judicial Institute] | |||
Latest revision as of 14:13, 7 September 2024
- < Procedure and Practice
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- < Example Jury Instructions
Introduction
The following contains quotations of instructions that were endorsed or considered by appellate courts as being sufficient under certain circumstances. There are also outlines that enumerate types of instructions.
There are four types of instructions: 1) selection instructions 2) introductory/preliminary 3) mid-trial instructions and 4) final
Example Types
- Example Jury Selection Instructions
- Example Preliminary Jury Instructions
- Example Mid-Trial Jury Instructions
- Example Final Jury Instructions
Evidence
Admissions
- "An admission stands in the place of and renders unnecessary testimony or exhibits to prove what has been admitted. Jurors are to take what is admitted as proven fact and consider the facts admitted, along with the rest of the evidence in deciding the case."[1]
- ↑ R v Brookfield Gardens Inc, 2018 PECA 2 (CanLII), per Murphy JA, at para 25
Circumstantial Evidence
Expert Evidence
Selection
Challenge for Cause
Race
- "Thinking about your own beliefs, would your ability to judge the evidence in this case without bias, prejudice or partiality, be affected by the fact that [accused] is black?"[1]
- ↑ R v McKenzie, 2018 ONSC 2764 (CanLII), per Campbell J, at para 25
Unsavoury (Vetrovec) Witnesses
Offences
Murder
- On the issue of intent, the Judge must instruct the jury to "consider all of the evidence" when deciding the issue of intent.[1]
- Inferences on intent "inference that may be rebutted by evidence of intoxication."[2]
Defences