Juries are asked to listen to evidence presented at a trial and determine the facts of the case, to take the judge's direction as to the law, to apply the law to the facts of the case and to arrive at a verdict. Juries and community members in a restorative justice program perform many of the same functions. Both examine the facts of the case, both add a layer of accountability, both act as the conscience of the community and both are a buffer against oppressive and unjust law. The two differ in at least two significant ways. First, juries are supposed to be impartial.
Impartiality is a cornerstone of the Canadian justice system.
The justice system values decision-making by independent individuals. Juries operate under the assumption that individuals with nothing to lose and nothing to gain from the outcome of the case will make a reasoned decision. Indeed, citizens can be disqualified from participating on a jury if they have any personal connection to the case or if they possess knowledge which may prejudice the decision-making process. Detachment fosters impartiality, and impartiality encourages rational decision making. Unlike juries, community representatives in restorative justice programs are not impartial.