CHAPTER 10- The Jury System

Question 1

❓❓❓what is the role of the jury?

Answer 1

• to decided on questions of fact, rather than law
• to listen to all evidence presented in the trial objectively without any bias or preconceived ideas
• to deliver a verdict in a case by determine if the standard of proof has been met
• to follow instructions given by the judge regarding what to take into account and how to behave

ROLE IN CRIMINAL TRIAL
-to determine the verdict (guilty/not guilty)

ROLE IN CIVIL TRIAL

• to determine the verdict (liable/not liable)
• to calculate damages if the plaintiff is successful (except defamation cases)

Question 2

☀️☀️☀️JURY SELECTION

Answer 2

• names of jurors come from the electoral role. When registering to vote at 18 we are also registering to serve on the jury
• the purpose of the questionnaire sent to people is to ascertain who is qualified to serve on the jury

Question 3

☀️☀️☀️PENALTIES

Answer 3

• it is an offence not to answer the questionnaire. For not returning the questionnaire or including false/misleading information = $3,504.60
• it is an offence not to attend once summoned to appear ($7009.20)
• ‘Juries Act 2000 (vic)’

Question 4

❓❓❓name three factors that influence the composition of jurors

Answer 4

• disqualified
• ineligible
• excused

Question 5

❓❓❓explain disqualified (composition of jurors)

Answer 5

• can be disqualified because of something they did in the past to make them unsuitable
• could be disqualified because they may be biased towards the accused and may be unreliable
• other reasons: currently bankrupt, anyone convicted with an indictable offence eg. Treason

Question 6

❓❓❓explain ineligible (composition of jurors)

Answer 6

• ineligible because of their employment on a legal profession (present or in the past ten years) eg. Lawyers, court official, judges, police officers (ineligible because it is feared their opinion may carry too much weight or influence over other jurors, and everyone’s opinion should be of equal importance)
• could be ineligible because they are unable to comprehend and carry out the tasks required by a juror (eg. Can’t read/understand English, visually impaired/deaf, intellectually disabled)

Question 7

❓❓❓explain excused (composition of jurors)

Answer 7

=people who wish to be excused from serving on jury service, temporarily or permanently, for a good reason

• may ask to be excused from serving the jury once they see the witness list and know a witness
• other reasons: poor health/illness, if they can’t be impartial, too old

Question 8

❓❓❓list four advantages to the jury system

Answer 8

• the jury is a cross section of the community
• involves the general community
• reflects community values
• ensures less legal jargon is used

Question 9

❓❓❓explain ‘jury is a cross section of the community’ (advantages to the jury system)

Answer 9

• made up of people in community of different age, gender, race, religion etc, so they are meant to be a representation of the community values
• they are a measure of social norms, values. And opinion
• since verdict is decided by ordinary members of the community, the jury ensures that the court decisions are more likely to be accepted by the community
• juries understand how ordinary people would behave in the circumstances

Question 10

❓❓❓explain ‘involves the general community’ (advantages to the jury system)

Answer 10

• jury duty is part of our civic duty. It’s the only involvement most people have with the legal system
• members of the jury gain an insight into the justice system, and a better understanding of how it functions
• rather than just base it on the media’s representation of it, jury service gives people the opportunist to gain experience and an appreciation of how the system works

Question 11

❓❓❓explain ‘reflects community values’ (advantages to the jury system)

Answer 11

• juries represent the view of the ‘ordinary person’, allowing a range of views to be brought into deliberation on issues
• a judge along may be out of touch with social, moral, or economic values of the time and may make decisions that don’t reflect the point of view of the ordinary person
• jury brings a common sense approach to decisions making rather than the legal reasoning that s judge would use
• protects basic human rights, because a jury can elect not to apply a ‘bad’ Law, and in this way applies the values of the community to laws

Question 12

❓❓❓explain ‘ensures less legal jargon is used’ (advantages to the jury system)

Answer 12

• since the jury is made up of a cross section of the community it is essential that all evidence is presented in a way that is clear and non technical so that they can understand it
• barristers may need to simplify their technical language and refrain from speaking ‘legal jargon’. This benefits the parties as they have a better understanding and may accept the legal process and the final outcome in the case

Question 13

❓❓❓list four disadvantages to the jury system

Answer 13

• not a true cross section of the community
• jurors may be biased
• create delays
• media influence

Question 14

❓❓❓explain ‘not a true cross section of the community’ (disadvantages to the jury system)

Answer 14

• even though it’s random, it’s not an accurate representation
• too many people are exempt from jury duty e.g. People involved with the legal roles sign eg. Police officers
• too many others are also excused, such as because of inconvenience
• the right to challenge jurors they believe will not be favourable to their trial further adds to this lack of a cross section of the community

Question 15

❓❓❓explain ‘jurors may be biased’ (disadvantages to the jury system)

Answer 15

• may be difficult for some jurors to remain completely impartial
• people may be unaware of their own biases
• eg. If one person is a pharmacist and on that trial is a person who robbed a pharmacy, it may be difficult to remain unbiased

Question 16

❓❓❓explain ‘creates delays’ (disadvantages to the jury system)

Answer 16

-juries create delays to the resolution of disputes because of empaneling jurors, deliberation by the jury at the time of trial, all evidence and legal terms need to be seen, heard, and understood by the jury, and legal personnel have to explain these to them

Question 17

❓❓❓explain ‘media influence’ (disadvantages to the jury system)

Answer 17

• jury may be influenced by the media in a high profile case, and a decision may not be based on the evidence presented
• jurors may have heard about the case before being empaneled
• hard to change preconceived ideas

Question 18

❓❓❓list three reforms that could be added to the jury system

Answer 18

• require jurors to give reasons for their decisions
• have a specialist foreperson
• introduce ‘not proven’ verdict

Question 19

❓❓❓explain ‘require jurors to give reasons for their decisions’ (reforms)

Answer 19

• makes them more accountable for their verdict
• parties would know if points of law had been applied
• ensures evidence is closely assessed

HOWEVER:

• could lead to more appeals
• since 12 people have to decide, each one may have a different reason for their decision. Coming up with one reason for the verdict will be difficult

Question 20

❓❓❓explain ‘have a specialist foreperson’ (reforms)

Answer 20

-as the jury is unfamiliar with the legal system and court procedures, having an experienced foreperson would be helpful because they could assist jurors with informing them of the relevant law, and advising the, on court procedures/rules of evidence

HOWEVER:

• too much weight could be given to the foreperson’s decision
• those not sure would just defer to them and let that person make the decision, rather than decide by ongoing debate with jury members

Question 21

❓❓❓explain ‘introduce not proven verdict’ (reforms)

Answer 21

• used in Scotland
• jurors can have a choice of three verdicts
• means that the defendant will be released but not acquitted with the ‘not proven’ verdict, so they could be tried again if new evidence is found

Question 22

❓❓❓list three alternatives to the jury system

Answer 22

• judge only
• professional jurors
• specialist jurors

Question 23

❓❓❓explain ‘judge only’ (alternatives)

Answer 23

• judge has thorough knowledge of the law/legal processes and procedures
• saves time and reduces costs
• decision will more likely be right
• already used in magistrate’s court

HOWEVER:

• a judge’s judgement may be coloured by the types of cases he has dealt with
• a judge is employed by the crown and people may find he is not as objective as being judged by peers

Question 24

❓❓❓explain ‘professional jurors’ (alternatives)

Answer 24

• would understand court procedure and legal processes
• would develop expertise in certain types of cases

HOWEVER:

• may develop biases from seeing similar cases rather than judge on their own merit
• being employed by the state may lose their independence

Question 25

❓❓❓explain ‘specialist jurors’ (alternatives)

Answer 25

• have juries made up of people who have specialist knowledge in a relevant area
• eg. Specialist jury could be made up of medical experts in a case involving complicated medical evidence

HOWEVER:

• they might have biases against people in the same profession who did sow thing wrong
• wouldn’t be a true cross section of the community
• would be difficult to find professionals willing to give up work to attend months of jury duty

Question 26

❓❓❓how does the jury selection contribute to a fair an unbiased hearing?

Answer 26

• random selection promotes the idea of the jury being made Jl of a cross section of the community (ensures impartiality)
• questionnaire sent to potential jurors is an attempt to make the system fair and unbiased. People in certain professions are deemed ineligible and people with a possible bias against the legal system are disqualified from serving on a jury

Question 27

❓❓❓how does the jury system hinder a fair and unbiased legal system?

Answer 27

NOT A TRUE CROSS SECTION OF THE COMMUNITY

• not a true trial by a person’s peers
• eg. Young indigenous men are over represented in the criminal justice system yet the proportion of indigenous people who serve on the jury is far less
• too many people are exempt or challenged

Question 28

❓❓❓how does the jury system contribute to effective acces of the legal system?

Answer 28

LOW COST

-in a criminal trial. The cost of having a jury is borne by the state and ultimately the taxpayers

Question 29

❓❓❓how does the jury system hinder effective access to the legal system?

Answer 29

CAN BE EXPENSIVE

• in civil trials, in addition to all the other fees and costs associated with proving a case, the party who wishes to have a jury must pay for it.
• the high cost would prelude some parties from using a jury in their civil trial, denying them access to this mechanism
• instead, the judge alone will determine liability

Question 30

❓❓❓explain how the jury system hinders timely resolution of disputes

Answer 30

• use of a jury adds to the time take for a trial due to empanelment taking hours, or even days, and the trail proceedings may need to be halted for jurors to be removed for discussion to take place
• in criminal trials, if it is a hung jury, there will be a hearing, so a jury adds to the length of the trial rather than reduce it