12- Role And Composition Of Juries Flashcards
Describe the role of the jury.
The role of the jury is to listen to, consider and analyse the evidence, eventually deciding on a verdict.
(*Note: in civil cases, the jury also decides on the amount of damages awarded to the plaintiff, if they are successful)
In doing this, juries must put aside any prejudices, and must apply all relevant points of law.
Is the jury restricted in any way?
Under the ‘Juries Act 2000 [Vic]’, jurors are not permitted to conduct external research during the trial. If they do, they can be fined more than $15,000.
Describe when a unanimous verdict is required in criminal cases.
A unanimous verdict is required for serious indictable offences (murder, manslaughter or treason).
This means it is a 12:0 verdict.
Describe when a unanimous verdict is required in a civil case.
A unanimous verdict is preferred for all civil cases / however, a jury in civil cases is optional and uncommon.
This means it is a 6:0 verdict.
What happens if the jury cannot reach a unanimous decision?
Criminal:
A majority verdict (11:1) is permitted if unanimity cannot be reached after 6 hours of deliberation.
Civil:
A majority verdict (5:1) is permitted if unanimity cannot be reach after 3 hours of deliberation.
What happens if the jury cannot reach a unanimous OR a majority verdict?
If this occurs, a “hung jury” is declared by the judge. This means that a new jury will be empaneled to determine the verdict.
What two aspects can affect the composition of the jury?
- Summoning Process
- initial jury list
- questionnaire
- disqualifications / ineligibilities
- jury pool - Empanelment Process
- jury panel
- affirmations / excusals
Describe the initial jury list.
In Victoria, there are jury districts based on electoral subdivisions. Potential jurors are chosen randomly from these electoral rolls.
Describe the Questionnaire.
The Juries Commissioner sends a ‘notice of jury selection’ and questionnaire which determines who is eligible to serve.
Based on this process, a ‘writ of summons’ is sent to a list of potential jurors , no less than 10 days before they are required to appear in court.
Why might people be disqualified from jury service?
- they have been convicted of a crime and sentenced to imprisonment.
- they are bankrupt.
Why might people be ineligible for jury service?
- they are too closely involved in court processes (they are a public servant, eg lawyer or police officer)
- they are disabled or cannot physically perform the service.
Why might people be excused form jury service?
- they have an illness or are in poor health
- they have a large distance to travel (in Melb, > 50km. Outside Melb, > 60km).
Describe the jury pool.
Potential jurors attend court when required. (Failure to attend can result in a fine of up to 30 penalty points, or 3 months imprisonment).
Juror numbers and occupations are recorded on cards and placed in a ballot box. Cards are chosen from each box, and jurors are directed to particular rooms.
Describe the jury panel.
Once allocated to their room, the jurors walk to the jury box one-by-one, as their number and occupation is called.
Either party has the opportunity to challenge the juror, meaning that they will not serve on the jury.
Describe affirmation and foreperson.
After the jury is selected, jurors swear an oath or make an affirmation. They then choose a foreperson who will ask questions and state the verdict on behalf of the jury.
