Jury
-12 jury members in criminal trials
-6 jury in civil trials
-Jury is only required in a criminal case if the accused
pleads not guilty.
-There are no juries in the magistrates court.
-Indictable criminal cases are heard by a jury.
-Chance to challenge the jurors.
-criminal cases there are six preemptory challenges
-Civil cases there are three challenges
-Unlimited challenges with cause
-
Judgment of one’s peers
The use of Juries is based on the idea that you have the
right to be judged by your peers.
To be judged by your peers means to be judge by persons
with the same legal standing, ordinary members of the
community.
The jury system reflects the idea that everyone in the
community is responsible for the administration of
justice.
• A person accused of an indictable offence is
entitled to have their guilt or innocence
determined by a jury of 12 people. A jury is
not used in the hearing of criminal offences in
the Magistrate’s court.
• A jury of six can also be used to hear civil
cases in the county court or supreme court. A
jury will only be used in the civil court if it is
requested and paid for by one of the parties.
Composition and pre-selection of juries
Jury Pool
• Members of the jury pool are selected for
individual cases by a random ballot.
Jury Panel
• After members of the jury pool have been
allocated to courtrooms, a card for each juror
listing their name and occupation is placed in a
ballot box.
• The Jury pool will be told
-The type of action
-Name of the accused
-Name of principal witnesses expected to be
called.
-Estimated length of trial
Jury Panel
• After hearing this information, a potential juror may
apply to be excused.
• The court may excuse potential jurors from service if
that person is unable to consider the case impartially
or is unable to serve for another good reason.
Reasons for being excused;
– The juror would face unreasonable hardship e.g. if the trial
is going to be long and they have an overseas trip booked
– They do not believe they are capable of hearing the trial
with impartiality e.g. if they know a witness/party
Jury Pannel
• The juror is asked to stand and take their place
in the jury box. A juror may be challenged by
either party prior to taking their place in the
jury box.
• After the required number of jurors have been
selected and sworn in, they are collectively
known as the “jury panel ”
Challenges in a criminal trial
• A jury is required in a criminal case if the accused
pleads not guilty.
• Criminal juries are made up of 12 people.
• Two types of challenges;
– Peremptory challenge is one for which the party does not
need to prove any reason, which the judge cannot refuse.
Each party has 6 .
– ‘For cause’ challenge is when a party does need a
legitimate reason (e.g. like knowing one of the witnesses)
– the judge decides if the reason is legitimate or not. Both
parties can make an unlimited number of these.
Challenges in a civil trials
• Twelve names are balloted for a civil jury in
the County court, thus allowing for challenges.
• The plaintiff is given the opportunity to strike
out three names.
• The defendant is then given the opportunity
to strike out three names.
Selecting the Forperson
• Once the Jury has been empanelled and
sworn in, the judge will ask the jury to select a
foreperson who
-Asks the court questions on the behalf of the
jury panel
-Takes responsibility for deliberations
-Delivering the verdict.
-Jury acts as an independent decision maker.
-Jury is the decider of the facts.
-Jury must apply the facts as directed by the judge.
-Juries do not provide sanctions.
-Jurors can only make decisions based on the evidence in the trial and
cannot investigate the case themselves.
-Criminal trial verdict is finding the accused guilty or not guilty and the
standard of proof is “beyond reasonable doubt. ”
-If the jury has any doubt they must pass down a not guilty verdict.
-Criminal trial ends when the jury has given a guilty or not guilty
verdict.
-Only 2% of cases are heard by a jury.
-Civil trials-if a decision is not reached within three hours, a majority
verdict can be delivered.
-Jury has to decide on the amount of damages paid.
-Civil cases with a jury must be heard in the county or supreme court.
-5% of civil cases are heard in the county or supreme court.
Factors that influence the composition
of juries
Statements
-It is a strength of the legal system to be judged by
a cross section of the community.
-Juries safe guard misuse of power
-Juries are not able to comprehend the complexity
and volume of evidence in complicated trials
Juries cannot concentrate for long periods of time.
HomeworkSummaries the reforms to the jury system
Make notes on one reform
Answer the following question 7 mark question
“To what extent does the jury system promote
the effective operation of the legal system?”
Reforms to the Jury System
Possible alternatives to trial by Jury
Judge Alone
Professional Jurors
Specialist jurors
L.A question 13
Homework
• Prepare unit four outcome two notes that
cover all the necessary study design dot points
.