Jury Trials and Closing Submissions

Jury trials present challenges for lawyers and judges alike. Lawyers have to consider the case from a different perspective than a judge alone trial. Judges will have to make sure that they respond to any issues which arise in a way that ensures a fair trial. They will also have to explain the relevant legal principles to the jury in a way they can understand and apply.

There are a number of potential landmines for all parties in a jury trial

The plan is for the next few blog posts to address issues that come up at jury trials.

Today we will use the recent case of R. v. Beckett as an example of a specific challenge. Mr. Beckett was convicted of the first-degree murder of his wife. The two had been boating when his wife drowned. 

Among the issues for the Court of Appeal in that case were the closing submissions made by Crown Counsel to the jury. Specifically, the issue was whether the submissions asked the jury to go beyond the evidence lead at trial.

Crown counsel must limit his or her means of persuasion to facts found in the evidence presented to the jury

In presenting closing submissions to the jury, Crown counsel must be accurate and dispassionate. Counsel should not advert to any unproven facts and cannot put before the jury as facts to be considered for conviction assertions in relation to which there is no evidence or which come from counsel's personal observations or experiences. Should inappropriate submissions be made, the trial judge is obliged to cure the prejudicial effect of any errors or inaccuracies.

The Court of Appeal in Beckett found that the Crown’s submissions in relation to the location where the deceased went into the water, the process through which she signed an accidental death insurance policy and her connection to the boat she was in prior to ending up in the water were all inaccurate. The Court also found that it was improper for Crown Counsel at trial to tell the jury a story about an experience he had as a child and how his mother had saved him. This was inappropriate as lawyers should not be giving evidence at trial. 

In the end, this case serves as a reminder to counsel to always ensure that their submissions are accurate and grounded in the evidence heard at the trial.