AOS 2 - Jury System Flashcards
role of the jury
- the jury is an independent body who is a decision maker in criminal trials and when used in civil trials
- they are the decider of facts, and make a decision solely based on those facts presented
- they are to listen to, remember, and make sense of the evidence presented
- understand and apply the law as explained by the judge
- they are required to take part in deliberations and reach a binding decision
Distinguish between role of jury in civil and criminal trials.
- in criminal, jury is used in indictable offences in the county or supreme courts
- a jury of 12 jurors is used, must have a unanimous verdict, however a majority verdict of 11/12 will be accepted after 6h deliberation
- jury must find the accused guilty beyond a reasonable doubt
- judge may advise the jury to acquit the accused as the prosecution has not met the standard
- a civil jury of 6 is optional in the CC or SC
- they are to decide on the liability of the defendant and the amount of damages awarded
- based on the balance of probabilities
- no criminal or civil jury must give reasons for their decision
list 4 factors influencing composition of the jury
- Disqualified jurors
- ineligible jurors
- challenges
- excused jurors
explain disqualification of a person for jury service
a person may be disqualified from jury service due to the person doing something wrong that makes them unsuitable. for example a person who has been convicted of an indictable offence and has been sentenced to a term of imprisoment of over three years. another example is a person who has declared bankruptcy
may be seen as unreliable or have a bias.
explain ineligible for jury service
a person may be ineligible to attend jury service due to their occupation or inability to comprehend the task of a juror. for example a person whose occupation is involved with the enforcement of law such as police officers. they may may have a bias against a party or their opinion may take extra weight as they have expertise
People who are unable to comprehend the task or carry out the duties of being on a jury are also ineligible because they would not be able to make an appropriate decision on the facts before them. for example people who cannot read or understand English are ineligible.
explain an excused juror
a person selected for jury service may be excused to to a good reason not to attend. for example, illness or poor health or excessive distance from the court of trial.
explain peremptory challenges
a peremptory challenge is when a party to a trial challenges a potential juror without reason. this juror may not hear the trial and must go back to the jury pool. this is usually done as it is believed a potential juror may adversely impact on the outcome of the case or the juror may favour the other party.
Challenge for cause
a challenge for cause is when a party to a trial challenges a potential juror for a known reason. this reason must be explained to the court and it is up to the presiding judge to decide whether that juror is going to sit on the case or not
in civil cases how many challenges do each party get
both plantiff and defendant have unlimited challenge for cause
each receive three peremptory challenges. a juror is challenged this way by striking the name off a juror of the juror list.
in criminal cases how many challenges do each party get
both the accused and prosecution receive unlimited challenge for cause
the accused is allowed 6 peremptory challenges and must be done before the juror sits in the jury box
the prosecution is allowed to stand aside up to six jurors. if this occurs, the juror will not sit the trial unless there is no more available potential jurors, then the stood aside jurors will come back.
give the 3 advantages and corresponding disadvantages to the jury system
1.
- Cross section of the community
- Not always a true cross section
- Spreads the responsibility
- Jurors are unfamiliar with the legal procedure
- Reflects community values
- Jurors could be biased
explain no. 1 of the evaluation of jury
- a trial by jury enables a system of trial by peers where the decision is made by ordinary members of the community. As a jury is made by ordinary people of the community, people of authority who may have bias against a particular party is not allowed to participate. the accused therefore, can be sure that the decision is being made by ordinary members of the community rather than feeling oppressed by authortity who have bias
- Juries may not be a true cross section of the community. this is because people may be ineligible, disqualified or excused to sit on a jury. therefore certain members of the community cannot sit on a jury. challenges also allow the parties to almost select the best possible jury. the decision of a jury may not reflect community values and is therefore not fair or unbiased.
explain no. 2 of evaluation of jury
- the use of the jury allows the decision making process to be spread over more shoulders. this is better than all the responsibility being held by the judge or a single person. therefore as the opinions of 12 jurors in criminal cases are being taken into account rather than just one person, the decision is more likely to be correct
- The jury is only made up of average people of the community and most of them have little knowledge or experience of the courtroom procedure and legal terminology. jurors may feel overwhelmed and confused with the complex evidence and courtroom procedure. the jury is given only little background of the relevant law and thus may not follow it when making a decision.
explain no 3 of evaluation of jury
- the jury is able to bring in community values and morals when making a decision. the jury is able to take into account the social, moral and economic values of that time and make a decision based on these values and the relevant law. therefore the decision is more likely to be accepted by the community.
- when a person becomes a juror in a trial, they are to disregard any personal biases they may have against the parties as these will influence the decision. in reality, jurors may find it difficult to set aside their biases or they may have biases they are not aware of such as religious or racial biases.
give a recent reform/change to the jury system
Extra Jurors
Civil juries used are sometimes given two extra jurors and three extra jurors in criminal trials. this occurs when the trial is expected to be lengthy or there may be dropouts throughout the trial for example due to illness. by adding extra jurors this ensures a full panel of jurors can deliberate and reach a verdict to ensure that the trial does not become a mistrial a there are insufficient jurors, leading to a longer time to complete the trial. although extra jurors may be used, only the original amount of jurors may deliberate
