Chapter 10-The Jury System

Question 1

What are the role of the judges and juries?

Answer 1

Role of the Judge= Explains burden/standard of proof, applies rules of evidence and procedure, gives rulings on points of law, answers questions for the jury, and may decide to acquit the jury if there is not sufficient evidence to continue.
Role of the Jury= Listen and consider evidence and reach a decision based on evidence. If the jury cannot reach a decision (unanimous verdict) a hung jury is declared and a new jury is empaneled.

Question 2

What are some strengths of the jury system?

Answer 2

• Cross-section of the community, they represent all sections of the community, ensure the justice system reflects all opinions and values
• Public scrutiny, the jury can observe how the police and courts are operating, holds everyone accountable
• Ensures fair treatment, there is no personal bias, decision is based on evidence before them, and the prosecution must convince 12 people, not just one judge.

Question 3

What are some weaknesses of the jury system?

Answer 3

• Not a true cross section, too many people are ineligible, not enough people to represent the community
• Understanding of evidence, evidence may be confusing and therefore discounted, and regular people may struggle to sit and pay attention for that period of time
• Costly and time consuming, the whole court process is lengthened because of the jury, time is taken to explain things to them and empanel them, and they must be paid which while minimal, can turn into large amounts.

Question 4

What are some possible reforms to the legal system?

Answer 4

• Giving reasons for verdicts, could require the jury to give a reason for their verdict, but this could lead to more appeals
• Reducing the size of the jury, there is no reason why we use 12, having less could save time and money without compromising the integrity of the system.
• Provision of training, juries could be more educated about the system and why they are important before being empaneled

Question 5

What are some changes that have already been made to the jury system?

Answer 5

• Inclusion of extra jurors in case of unforeseen circumstances for longer trials
• Juries Act widened the catchment of potential jurors

Question 6

What are some alternatives to the jury system?

Answer 6

• Removal of jury in civil cases, not used often anyway, and would ensure consistency in awarding damages as only judges would award
• Specialist foreperson or juries for some cases, for example using an accountant in a fraud case would ensure there is a greater chance of understanding the evidence.

Question 7

How are juries selected?

Answer 7

Names are selected by random by electorate, and a questionnaire is sent out. This must be answered within 14 days, and assess ones suitability for jury duty. Failure to do so results in 30 penalty units or 3 months imprisonment. When those who are ineligible are crossed out (those too closely involved in the legal process, people with a disability, inability to speak English etc), the jurors are summoned to the county or supreme courts, if they do not attend they may be punished. A number of jurors are sent to the court room where they are told the type of action, name of accused/parties, names of witnesses, estimated length of the trial and any other information that may be relevant. If someone believes they may be excused from the trial they may ask the judge at this stage. The only names of jurors are then called out and they are asked to walk to the jurors box, and either party can challenge a juror. Both parties have 6 peremptory challenges and unlimited challenges for a cause in criminal cases and each party in a civil case can strike out three names. Everyone that is not successful at getting on a jury will return to the jury pool.