FSC101 Midterm 2- Questions and Answers 100% Solved
What is the test for representativeness as set out by R. v. Kokopenace Correct Ans-Did the
state provide a fair opportunity for a broad cross-section of society to participate in the jury
process. A fair opportunity is provided when the state makes reasonable efforts to:
1) Compile the jury roll using random selection from lists that draw from a broad cross section
of society
2) Deliver jury notices to those who have been randomly selected
When this test is met, the jury roll will be representative and the accused's Charter right to a
representative jury will be respected.
Representativeness focuses on the process used to compile the jury, not its ultimate
composition
How is a jury trial different from a judge alone trial? Correct Ans-- Much more formal
(openings and closings)
- When legal arguments are made, the jury is excused
- Counsel have to make sure that the jury only hears the evidence they should be hearing.
- In a judge alone trial, counsel can trust the judge not to take into account inadmissible
evidence.
Can jurors ask questions during a witness' evidence? Correct Ans-- No
,FSC101 Midterm 2- Questions and Answers 100% Solved
- Typically all of the evidence is heard
- Then the juries will leave their question until ALL of the evidence has been heard
Can jurors disclosed what occurred in the jury room? Correct Ans-- No
- It is a criminal offence to discuss what occurred in the jury room
- As such, it is impossible to know the reasoning of the jury in arriving at its decision
Support services available to jurors Correct Ans-Juror support program:
- Free, confidential, and professional counselling to jurors after trial
- Meant to address PTSD
- Arose after the 2016 Tori Stafford murder trial that left a juror with PTSD
Note that they cannot talk about what happened in the jury room.
A new bill which is intended to pass in June 2022 is meant to address this
True or false: Jurors can be considered a tertiary victim Correct Ans-True
Theory regarding law and science Correct Ans-Theory: law and science intersect in the
courtroom in the pursuit of truth
What the trier of fact needs to determine - what is true? what actually happened?
,FSC101 Midterm 2- Questions and Answers 100% Solved
Foundational difference between law and science Correct Ans-Science: evolved rapidly in a
community of competing opinions and ever-changing interpretations
Law: embraces finality and seeks to administer justice in a manner that ensures a trial court's
decision can be relied upon by those affected by the process.
Principle of finality in law: once a decision is made, it is final
What can act as a barrier to the truth? Correct Ans-- Limitations and realities of the
criminal justice system can act as a barrier to the truth, including resource imbalances
between the Crown and the defence. (crown can run forensic tests through taxpayer money.
Defence must charge the client or they can go to centre of forensic sciences but they disclose
the information to the crown)
The importance of Scientific literacy in Canadian courtrooms Correct Ans-- The importance
of science education is evidence in countless cases, particularly wrongful convictions
- Commissioner Lesage highlighted the importance of scientific knowledge in his report of the
conviction of James Driskell
Science Manual for Canadian judges: three areas of similarity between science and the law:
Correct Ans-1) An assessment of the weight of the evidence results in a binary (true/false,
yes/no) decision
a) Science: a provisional conclusion is reached that the hypothesis being tested is true or not
b) law: the court finds in favour of the prosecution/plaintiff or the accused/defendant
, FSC101 Midterm 2- Questions and Answers 100% Solved
2) Both fields start with a standing exculpatory predisposition that is overtuned only when
contradictory evidence exceeds a defined standard of proof
a) Science: the null hypothesis is presumed to be true, unless evidence shows otherwise
b) law: the accused is presumed innocent, unless evidence shows otherwise
3) The standing predisposition and its standard of proof is set as a normative decision based
on the consequences that may occur if an inference is made in error
a) Science: it is better to reject a true hypothesis than to accept a false one. Accepting a false
hypothesis would be a greater impedemant to scientific progress
b) Law: It is better to free the guilty than to convict the innocent. Convicting the innocent is a
greater injustice.
Differences between science and the law Correct Ans-- Justice Binnie argues that the legal
and scientific cultures only seem to have a great deal in common:
- Improper forensics is the second leading contributing cause of wrongful convictions
- Forensic errors most often occur during the interpretation and testimony stage, not testing
How can an expert help ensure their evidence is understood correctly? Correct Ans-1)
Meet prior to trial
2) Be objective and provide thorough reasoning for their findings
3) Understand that misconceptions of the discipline may be held by lawyers, the judge, and
the jury
What is the test for representativeness as set out by R. v. Kokopenace Correct Ans-Did the
state provide a fair opportunity for a broad cross-section of society to participate in the jury
process. A fair opportunity is provided when the state makes reasonable efforts to:
1) Compile the jury roll using random selection from lists that draw from a broad cross section
of society
2) Deliver jury notices to those who have been randomly selected
When this test is met, the jury roll will be representative and the accused's Charter right to a
representative jury will be respected.
Representativeness focuses on the process used to compile the jury, not its ultimate
composition
How is a jury trial different from a judge alone trial? Correct Ans-- Much more formal
(openings and closings)
- When legal arguments are made, the jury is excused
- Counsel have to make sure that the jury only hears the evidence they should be hearing.
- In a judge alone trial, counsel can trust the judge not to take into account inadmissible
evidence.
Can jurors ask questions during a witness' evidence? Correct Ans-- No
,FSC101 Midterm 2- Questions and Answers 100% Solved
- Typically all of the evidence is heard
- Then the juries will leave their question until ALL of the evidence has been heard
Can jurors disclosed what occurred in the jury room? Correct Ans-- No
- It is a criminal offence to discuss what occurred in the jury room
- As such, it is impossible to know the reasoning of the jury in arriving at its decision
Support services available to jurors Correct Ans-Juror support program:
- Free, confidential, and professional counselling to jurors after trial
- Meant to address PTSD
- Arose after the 2016 Tori Stafford murder trial that left a juror with PTSD
Note that they cannot talk about what happened in the jury room.
A new bill which is intended to pass in June 2022 is meant to address this
True or false: Jurors can be considered a tertiary victim Correct Ans-True
Theory regarding law and science Correct Ans-Theory: law and science intersect in the
courtroom in the pursuit of truth
What the trier of fact needs to determine - what is true? what actually happened?
,FSC101 Midterm 2- Questions and Answers 100% Solved
Foundational difference between law and science Correct Ans-Science: evolved rapidly in a
community of competing opinions and ever-changing interpretations
Law: embraces finality and seeks to administer justice in a manner that ensures a trial court's
decision can be relied upon by those affected by the process.
Principle of finality in law: once a decision is made, it is final
What can act as a barrier to the truth? Correct Ans-- Limitations and realities of the
criminal justice system can act as a barrier to the truth, including resource imbalances
between the Crown and the defence. (crown can run forensic tests through taxpayer money.
Defence must charge the client or they can go to centre of forensic sciences but they disclose
the information to the crown)
The importance of Scientific literacy in Canadian courtrooms Correct Ans-- The importance
of science education is evidence in countless cases, particularly wrongful convictions
- Commissioner Lesage highlighted the importance of scientific knowledge in his report of the
conviction of James Driskell
Science Manual for Canadian judges: three areas of similarity between science and the law:
Correct Ans-1) An assessment of the weight of the evidence results in a binary (true/false,
yes/no) decision
a) Science: a provisional conclusion is reached that the hypothesis being tested is true or not
b) law: the court finds in favour of the prosecution/plaintiff or the accused/defendant
, FSC101 Midterm 2- Questions and Answers 100% Solved
2) Both fields start with a standing exculpatory predisposition that is overtuned only when
contradictory evidence exceeds a defined standard of proof
a) Science: the null hypothesis is presumed to be true, unless evidence shows otherwise
b) law: the accused is presumed innocent, unless evidence shows otherwise
3) The standing predisposition and its standard of proof is set as a normative decision based
on the consequences that may occur if an inference is made in error
a) Science: it is better to reject a true hypothesis than to accept a false one. Accepting a false
hypothesis would be a greater impedemant to scientific progress
b) Law: It is better to free the guilty than to convict the innocent. Convicting the innocent is a
greater injustice.
Differences between science and the law Correct Ans-- Justice Binnie argues that the legal
and scientific cultures only seem to have a great deal in common:
- Improper forensics is the second leading contributing cause of wrongful convictions
- Forensic errors most often occur during the interpretation and testimony stage, not testing
How can an expert help ensure their evidence is understood correctly? Correct Ans-1)
Meet prior to trial
2) Be objective and provide thorough reasoning for their findings
3) Understand that misconceptions of the discipline may be held by lawyers, the judge, and
the jury
