5.1.5 Role of the Juries

Question 1

Similarity 1 between role of civil and criminal juries:

Answer 1

To decide questions of fact after carefully listening to all of the evidence presented in court and listening to the directions given by the judge

Question 2

Similarity 2 between role of civil and criminal juries:

Answer 2

Make an unbiased decision based on the evidence and nothing else

Question 3

Similarity 3 between role of civil and criminal juries:

Answer 3

Jury’s are not required to give reasons

Question 4

Similarity 4 between role of civil and criminal juries:

Answer 4

Represent the community

Question 5

Difference 1 between the role of civil and criminal juries:

Answer 5

Criminal - Jury decides whether the accused is guilty or not guilty
Civil - Jury decides whether the defendant is liable or not liable

Question 6

Difference 2 between the role of civil and criminal juries:

Answer 6

Criminal - Judge determines the sanction

Civil - Jury determines the level of damages

Question 7

Difference 3 between the role of civil and criminal juries:

Answer 7

Criminal - Standard of proof: Beyond reasonable doubt

Civil - Standard of proof : Beyond the balance of probabilities

Question 8

Factor 1 that influences the composition of juries:

Answer 8

Pre-Selection

Question 9

Pre-Selection:

Answer 9

Randomly selects names from the electoral roll. Prospective jurors complete a questionnaire which determines their eligibility.

Question 10

Eligibility:

Answer 10

Three categories of people who are not able to serve a jury

Question 11

1: Disqualified:

Answer 11

Some people are disqualified from jury service because of something they did in the past that makes them unsuitable. E.g. people who have been convicted of serious criminal offences

Question 12

2: Ineligible Individuals

Answer 12

People too close to the legal system, as their opinion may carry too much weight.
People who are unable to comprehend the task or perform the duties of a juror (e.g. deaf)

Question 13

3: Excused

Answer 13

Excused for a good reason e.g. illness, distance travel, religious beliefs

Question 14

Attending Jury Service:

Answer 14

Prospective jurors become part of the jury pool, then form a jury panel when allocated to particular courts, whereby the empanelment process commences.

Question 15

Empanelment (Criminal):

Answer 15

Both parties have unlimited challenges for cause, where the judge makes the decision.
Each party has 6 preemptory challenges, whereby a reason does not have to be given.

Question 16

Empanelment (Civil):

Answer 16

A list of 12 names and occupations are given to the parties, Each party can cross off 3 names leaving the 6 that will be empanelled on the jury.