Chapter 10: Jury System Sac Study

Question 1

What is the role of the jury in a criminal case? (4)

Answer 1

• make a decision based on the facts whether or not the prosecution has proven the guilt of the accused beyond reasonable doubt
• listen to the evidence
• Apply the law
• Not lose concentration

Question 2

What is the role of the jury in a civil case? (2)

Answer 2

• weigh up the evidence on both sides and decide whether the defendant is liable or not liable on the balance of probabilities
• decide amount of damages if the plaintiff is successful

Question 3

When is a jury used in a civil or criminal case?

Answer 3

criminal - in the county and sup court when the accused pleads not guilty (12 or can increase to 15 in lengthy case)

civil - when the party requests one, this party will also bare the cost (6 or can increase to 8 for lengthy case)

Question 4

when is a majority verdict accepted in civil and criminal cases?

Answer 4

criminal - if unanimous verdict not possible after 6hrs deliberation a majority verdict (11 out of 12) can be accepted in most cases (not cases like murder)

civil - decision can be majority (5 out of 6) if unanimous decision can’t be reached after 3hrs deliberation

Question 5

what factors influence the composition of a jury? (4)

Answer 5

who is:
- ineligible
- disqualified
- excused
- challenged 
(randomly selected from electoral role)

Question 6

what are the 4 steps of the empanelment process?

Answer 6

1. summoned by the court on a set date: to form the jury pool (disqualified, excused)
2. jurors are drawn from a ballot: to enter the court
3. some people are challenged
4. once required number of jurors remains unchallenged they form the jury and are sworn in

Question 7

what is the the role of the foreperson?

Answer 7

• elected as the juries spokesperson
• takes control of deliberations and makes sure everyone has a say
• asks the judge questions and delivers the verdict

Question 8

what are 2 kinds of jury documents?

Answer 8

• the indictment

- any statement of facts

Question 9

What are 2 reforms that have happened?

Answer 9

• jurors not allowed to make their own enquiries

- simplifying jury directions (The Jury Directions Act 2015)

Question 10

What is the reform that has happened; ‘jurors not allowed to make their own enquiries’? 2

Answer 10

• It’s unlawful, through introduction of new Act, for jurors to make their own inquires, including conducting research or inspecting relevant places
• this leads to a more fair and unbiased hearing, as all it means all jurors should make their decision based on the evidence and facts presented to them in court

Question 11

What is the reform that has happened; ‘simplifying jury directions’? 3

Answer 11

• Jury Directions Act 2015 establishes new structure for jury directions and provides guidelines for judges when summing up so its more easily understood
• ensures parties feel free to ask q’s rather then conduct their own research
• allows for more fair and unbiased hearing and more timely resolution

Question 12

what are 2 possible reforms to trial by jury?

Answer 12

• require juries to give reasons for their decision (good to evaluate)
• make juries more representative by reducing challenges and exemptions

Question 13

what are the strengths of requiring juries to give reasons for their decisions? (possible reform) 3

Answer 13

strengths:

• accused would know why guilty, civil would know why juries decided the way they did
• Should ensure they are deciding on the facts, which is their role
• parties would know whether due attention had been given to points of law

Question 14

what are the weaknesses of requiring juries to give reasons for their decisions? (possible reform) 3

Answer 14

• juries would have to make decision that strictly followed the law rather then being free to make decision in line with community thinking
• could result in more appeals because reasons may seem unreasonable
• would slow down timely resolution as jurors have to come up with 1 clear reason

Question 15

what are the strengths of reducing challenges and exemptions? 3

Answer 15

• peremptory challenges could be further reduced to 3 instead of 6 to allow for more mixture of people, rather than people chosen by parties to favour their client
• would make jurors more rep of the community
• would condtribute to timely resolution and fair and unbiased hearing

Question 16

what is one weakness of reducing challenges and exemptions?

Answer 16

under our adversarial system of party control, the parties like to have some say in the make-up of the jury (feel they’ve had some input into outcome, more satisfied with decision)

Question 17

What are 2 possible alternatives to trial by jury?

Answer 17

• a judge alone or panel of three judges

- specialist jurors

Question 18

what are the strengths of having a judge alone or a panel of three judges? and when would it be used? (possible alternatives to trial by jury)

Answer 18

• would be used in civil case in sup or county when party requests it or in crim case being heard in sup or county when accused pleads ‘not guilty’
• could make decisions based on the law with a thorough understanding of legal procedures and processes (more confidence in that the law is being applied)
• the decision is more likely to be right, could reduce appeals

Question 19

what are 3 weaknesses of having a judge alone or a panel of three judges? (possible alternatives to trial by jury)

Answer 19

• decision based on law alone may not take into account feelings/attitudes of ordinary people
• judge may have formed biases against certain types of people or cases
• judges employed by the crown and may have bias, so parties may be more confident with decision made by their peers

Question 20

what are 2 strengths of having specialist jurors? (possible alternatives to trial by jury)

Answer 20

• would consist of people employed full time and have specialist knowledge in their area of expertise, eg medical experts involving complex medical evidence
• they would better be able to understand the complicated evidence

Question 21

what are 3 weaknesses of having specialist jurors? (possible alternatives to trial by jury)

Answer 21

• wouldn’t have attitudes of ordinary people; may have biases against people in same profession who has allegedly done something wrong
• expensive to pay them
• evidence would need to be explained in simplistic way so it’s understandable for the accused and community as a whole

Question 22

what are 2 aspects that enhance timely resolution of disputes?

Answer 22

majority verdicts - introduced in criminal cases if unanimous verdict cant be reached after 6hrs. Speeds up process of not reaching a verdict and more likely that verdict will be reached

extra jurors - civil can have 2 extra, criminal can have 3 extra. Prevents mistrials, which could occur if the number falls below 10 in criminal cases. Saves time because re-trials add to time it takes to reach outcome

Question 23

what are 2 aspects that hinder timely resolution of disputes?

Answer 23

empanelment process - can take hours or even days for longer trials

jury deliberations - can take a lot of time especially in complex cases, hung jury means a re-trial needs to take place (increased time as whole new trial)

Question 24

what is one recent change for timely resolution of disputes?

Answer 24

simplifying judges directions to juries - should overcome problem of long and complex judges directions and help juries reach decision quicker. Also reduce need for retrial due to trial judge misdirecting jury

Question 25

what is one recommendation for change for timely resolution of disputes?

Answer 25

remove jurors from long and complex criminal trials - aimed at speeding up trials, complex cases would be quicker if heard by a judge alone because they understand legal procedure and juries wouldn’t need to deliberate

Question 26

what is one aspect that enhances and one aspect that hinders effective access to the legal system?

Answer 26

+ general public becomes involved in the legal system - gives them greater knowledge and understanding, may make it more likely that they pursue a case in future

• use of a jury in a civil trial is optional, the party requesting must bare the cost in addition to legal fees. Reduced likelihood of parties using jury, denying them access to this mechanism

Question 27

what are 2 aspects that enhance entitlement to a fair and unbiased hearing?

Answer 27

random nature of jury selection - promotes the ideal of the jury being made up of cross-section of the community, leading to fairer outcome

removing potentially biased jurors - ineligible or disqualified from serving due to their experiences with the legal system, preventing bias

Question 28

what are 2 aspects that hinder entitlement to a fair and unbiased hearing?

Answer 28

juror may have bias - which they hold against particular groups in community, such as racial biases, which they may find hard to set aside

jury could be influenced - by things they may have read or heard in the media before a case begins, and have difficulty setting this aside

Question 29

what is 1 recent change to assist entitlement to a fair and unbiased hearing?

Answer 29

simplifying jury directions - jury is provided with sufficient info to make informed decision, due to changes in summing-up process. Judge can explain concept of ‘beyond reasonalbe doubt’ and jury can ask q’s, ensuring they have better understanding and can make an informed decision

Question 30

what is one recommendation for change to help entitlement to a fair and unbiased hearing?

Answer 30

make jurors more representative - although reforms have been implemented, peremptory challenges could be further reduced to 3 to provide more mixture of people, rather than people chosen to favour their client

Question 31

What is the difference between the jury empanelment process for criminal and civil trials?

Answer 31

criminal - number and occupation is read out as the juror walks past the prosecution and accused, the prosecution has 6 peremptory challenges

civil - names and occupations are on a list, the prosecution can strike off 3 and the remaining 6 make up the jury

Question 32

What are 5 strengths of the jury system?

Answer 32

INDEPENDENT - An independent fact-finding body
UNDERSTOOD - the law can be understood through simplification of procedures
RESPONSIBILITY - spreads the responsibility
FAIR - ensures fair treatment
CROSS-SECTION - a cross-section of the community

Question 33

What are 5 weaknesses of the jury system?

Answer 33

INFLUENCED - easily influenced by emotional bias
EVIDENCE - still likely to be complex evidence
JUDGES - judges alone are better able to make decisions
MAJORITY - majority verdicts threaten the standard of proof
CROSS-SECTION- not a cross-section of society

Question 34

What are 2 problems and difficulties faced by individuals in using the legal system?

Answer 34

financial restraints

delays

Question 35

what are financial restraints? (problems faced by individuals using LS) 3

Answer 35

• can be expensive to take civil action, means some people abandon potential claim or do not seek legal advice
• legal rep for one day estimated around $1500-$2000
• funding for legal aid limited, many do not qualify

Question 36

what are delays? (problems faced by individuals using LS) 3

Answer 36

• delays in having a dispute resolved can lead to increased stress and financial hard ship while waiting compensation
• civil cases in particular have extensive pre-trial procedures (discovery of documents 42 days)
• lack of available judges to hear cases