Issues for discussion

Updates and background for this project (Digest)

Should jurors be involved directly in the sentencing process?

Q2.

What are the benefits and detriments of jury involvement in sentencing?

Q3.

What would be the likely effect of jury involvement on public confidence in the sentencing process?

Q4.

Is there a more effective way of addressing the issue of public confidence in sentencing decisions, and if so, what should it be?

Q5.

What effect would jury involvement be likely to have on sentencing decisions?

Q6.

How should consultation between judges and jurors be conducted? For example, should the consultation be a structured one, where the jury answers specific questions put to them by the judge, or should there be more open discussion?

Q7.

What sort of questions should a sentencing judge be able to ask a jury?

Q8.

Should jurors be asked to clarify the reasons for their guilty verdict? Why or why not?

Q9.

Are there other ways that jurors can be involved in the sentencing process?

Q10.

How can judges protect the secrecy of jury deliberations while consulting with the jury on aspects of sentencing?

Q11.

Should it be compulsory for jurors to participate in the sentencing process?

Q12.

What is the minimum number of jurors required to give the judge a fair and accurate indication of the jury’s views on sentencing?

Q13.

What should happen if the minimum number of jurors cannot be assembled for the sentencing hearing within a reasonable period following conviction of the offender?

Q14.

At what stage following a guilty verdict should the jury be consulted as to their views on sentencing?

Q15.

Should jurors receive access to all the information that the sentencing judge would have, including any Victim’s Impact Statement and sentencing guidelines? In what format should this information be presented?

Q16.

To what extent should the judge explain sentencing law and practice to the jury?

Q17.

Should each juror be consulted regarding his or her views on sentencing, or should the foreperson convey the jury’s views to the judge? If there is disagreement among jurors as to the appropriate approach to sentencing, should all views be presented to the judge, or only a unanimous or majority view?

Q18.

What should happen if the jurors cannot agree on the questions left to them by the judge, or on the opinions that they wish to offer?

Q19.

What should happen if a juror refuses to disclose his or her views?

Q20.

Do you agree that consultation between the judge and jury should occur in private without the presence of counsel for both sides? Should all aspects of the consultation be kept secret ( eg, the number of jurors consulted), or only some aspects, and if so, which ones?

Q21.

Should the defendant be able to request that the jury not be involved in the sentencing process? If so, in what circumstances?