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The Jury System

Chapter 10. The Jury System. The Role of the Jury. ‘Trial by Peers’ – opportunity for community participation in the legal process and for law to be applied according to community standards. Do not have to give reason – decide on their conscience. ‘independent decision maker’.

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The Jury System

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  1. Chapter 10 The Jury System

  2. The Role of the Jury • ‘Trial by Peers’ – opportunity for community participation in the legal process and for law to be applied according to community standards. • Do not have to give reason – decide on their conscience. • ‘independent decision maker’. • Jury - ‘Decider of facts’ – Judge makes the decision about points of law.

  3. Role of Jury in both civil an criminal trials • Listen to all the evidence • Understand the evidence put forward • Not lose concentration • Remember the evidence • Make sense of the evidence • Understand points of law as explained by the judge • Put aside any prejudices or preconceived ideas • Form an opinion on which party is right • Take part in deliberation • Make a decision on the facts of the case

  4. The role of the jury in criminal and civil juries Q2 page 504 CRIMINAL TRIAL 1. A jury must make a decision Beyond Reasonable Doubt - be sure the accused is guilty before reach guilty verdict 2. Try to reach unanimous verdict (all agree) but if not possible after 6 hours a majority verdict (11/12) except in cases of murder, trafficking or cultivating commercial quantities of drugs and Commonwealth offences

  5. Role in Criminal trial continued 3.The judge can direct the jury to acquit the accused if the judge believes that the evidence does not support a conviction – jury does not have to follow 4.Jury can find an accused guilty of one offence but guilty of a lesser offence e.g. Not guilty of murder but guilty of manslaughter 5. Used in more serious criminal cases (County and Supreme court) – not Magistrates court

  6. Role in civil trials CIVIL TRIAL 1.A jury must make a decision on the Balance of probability – which party is most probably in the right 2.Decides on the amount of damages 3.Decision can be majority decision (5/6) 4.Juries optional in civil cases – either party in County or Supreme court can request a jury (person requesting jury will bear cost)

  7. Selection of jurors • Registered voters – called for jury duty • Juries commissioner notifies electoral commissioner of the estimated jurors required in a particular district (same as electoral district – Legislative Assembly). • Juries commissioner randomly selection from electoral roll • List then sent to juries commissioner • Juries commissioner send questionnaire to each person on list (to ascertain whether person is qualified to serve) • Must be answered and returned to the sheriff within 7 days – fine 30 penalty units if not returned or given false information

  8. Questionnaire The questionnaire states the following: • Liable for jury duty • Disqualified • Ineligible • Excused for good reason Offence not to attend when called – punishable by a fine of 30 penalty units or imprisonment for 3 months Juries commissioner will summon jurors who are liable when the court needs them (10 days before expected to appear)

  9. Liable for service • Aged over 18 and is enrolled as an elector of the Legislative Assembly and Legislative Council Except: • Any person referred to schedule 1 as being disqualified • Any person referred to i schedule 2 and ineligible • Any person the juries commissioner has excused for good reason

  10. Disqualified • Something they did in their past that makes them unsuitable E.g. Criminal record or bankrupt – may be seen as unreliable or biased Q14page 505 See schedule 1 on page 496

  11. Ineligible • Due to their occupation or inability to comprehend the task of juror E.g. Member of legal profession – their opinion might carry too much weight - People who cannot read or understand English, visually impaired, deaf or intellectually disabled See schedule 2 page 496

  12. Q What are similarities and differences between a criminal jury and civil jury? • How many jurors can be empanelled in each? • What information is known about each jury member • How many challenges are allowed? • Are juries used in each trial or hearing? • What is a majority verdict in criminal and civil trial? • What does a jury decide in criminal and civil trials?

  13. Home work Complete Questions 1 to 15 page 504 -505 Read and summarise pages 506 to 514 (advantages and disadvantages)

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