for cause based on the enumerated grounds under section 638, other than the juror’s name not appearing on the panel, will be tried by the last two jurors to be sworn. If no Jurors have been sworn the judge will appoint two persons to try the challenge for cause. Upon application by the accused, the court may exercise its discretion to exclude all sworn and unsworn jurors from the courtroom until the challenge for cause is decided. The two triers of the challenge for cause must decide the question on a balance of probabilities. Pre-Hearing Conference Part XX of the Criminal Code of Canada provides for Procedure in Jury Trials. Section 625.1 of the Criminal Code of Canada is the authority for a pre-hearing conference. A pre-hearing conference is a conference held prior to the beginning of a trial. It is held between the prosecutor and the accused (or counsel for the accused) and is presided over by the court. The purpose of a pre-hearing conference is to promote a fair and expeditious trial. It considers matters that would be better decided before the start of the trial and makes arrangements for the decisions of those matters. Either the prosecutor, defence or the judge may initiate a motion for a pre-hearing conference. A pre-hearing conference is mandatory for any case to be tried by jury (per s. 625.1(2) of the Criminal Code of Canada). It must be presided over by a judge of the court that will try the accused and must be held in accordance with the rules of court made under sections 482 and 482.1. Case Law: A pre-hearing conference judge does not have the jurisdiction to review the Crown disclosure decisions or to order disclosure. Death qualification In United States capital cases (cases where the prosecution pursues the death penalty), the jury must often be "death-qualified". A death-qualified jury is one in which all members of the venire that categorically object to capital punishment are removed. This has the effect of ensuring that the jury will be willing to hand down a sentence of death, if they feel the crime warrants it. The United States Supreme Court has ruled that the practice is constitutional. Critics object to death-qualification because empirical evidence has shown that death-qualified jurors are more likely to convict defendants of crimes than are jurors generally. Assistance of experts In the 1970s and 1980s in