4.7 The Jury Flashcards
Magna Carta
a ‘peace treaty’ made in England in 1215 between the barons (noblemen who pledge their allegiance to the King) and the King.
Oath
a solemn declaration by which a person swears the truth on a religious or spiritual belief. Without the religious or spiritual belief, it is called an affirmation.
Jury Directions
instructions given by a judge to a jury either during or at the end of a trial
Unanimous Verdict
a decision where all the jury members are in agreement and decide the same weay (e.g. they all agree the accused is guilty)
Majority Verdict
Majority Verdict: a decision where all but one of the members of the jury agree
Common Law
law made by judges through decisions in cases. Also known as case law or judge-made law (as opposed to statute law).
Who is discluded from the juror pool
juror pool is the australian electoral commission
Disqualified: those on remand/bail, bankrupt, prior convictees
Ineligible: lawyers, judges, magistrates, members of parliament, non-English speakers, disabled
Excused: health, rural, old, carers, those who would suffere inconvenience/hardship
what can either party challenge the jurors for
Challenge for cause - good reason (e.g. bias)
Peremptory challenge - for no good reason (cap 2)
What is the role of the Jury
- Be objective - no bias/preconceived ideas
- Listen to and remember evidence
- understand directions + summing up
- deliver a verdict - are confidential, and without pressure
They cannot undertake their own research,
What are the strengths of a Jury
- Randomised - no connection to party
- allows for public participation (confidence in justice)
- collective decision making reduces bias
- represent the community (cross-section)
What are the weaknesses of a Jury
- Unconscious biases
- Closed room - no reasoning
- Complex trials might have juries not understand (laypersons)
- may result in delays as evidences and processes are explained
- some people are discluded from jury service, not true representation of community
