Canada determines juror bias with the help of other jurors.
Yes, you read that correctly. When determining juror bias, Canada makes use of a method that is unfamiliar to lawyers in the United States. This method is termed as a “trier’s process” in which jurors are chosen, not to become part of the case, but to decide if the grounds for a challenge for cause of another panelist is valid or not. This white paper reviews this method and a firsthand review of being a “trier” in a case.
Dr. Ken Broda-Bahm is a senior litigation consultant with Persuasion Strategies and has provided research and strategic advice on several hundred cases across the country for the past 16 years, applying a doctorate in communication emphasizing the areas of legal persuasion and rhetoric. As a tenured Associate Professor of Communication Studies, Dr. Broda-Bahm has taught courses including legal communication, argumentation, persuasion, and research methods. He has trained and consulted in 19 countries around the world and is Past President of the American Society of Trial Consultants.
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