Chapter 4.7

Question 1

The jury

Answer 1

The jury system is a way of having peers decide on a case, it is fundamental right. It allows community involvement in the legal process, applying the law based on community standards. In Victoria, if someone pleads not guilty to a serious (indictable) offence, they have the right to a jury trial in the County or Supreme Court. The jury’s role is to decide which facts are true, but they do not decide on sentencing.

Question 2

Roles of the jury

Answer 2

In a criminal trial the jury has the following roles:
* be objective
* listen to and remember the evidence
* understand directions and summing up
* deliver a verdict.

Question 3

Be objective

Answer 3

The jury must be unbiased and bring an open mind to the task, putting aside any prejudices or preconceived˙
ideas.
- A jury member must have no connection with any of the parties, and must also ensure they decide
whether the accused person is guilty or not guilty based on the facts and not on their own biases.

Question 4

Listen to and remember the evidence

Answer 4

Evidence is sometimes complicated, particularly in cases involving fraud and drugs, and often presented
gradually and in the form of questions and answers.
- The jury members will need to be able to make
sense of all this evidence.
Jurors can take notes if it helps them to remember information, but they must make sure they
continue to concentrate on what is taking place in the courtroom.
- A jury must not undertake its own investigations of what happened, conduct any research on the case, or make any enquiries about trial matters.
- They are not allowed to use the internet to search for
information.

Question 5

Understand directions and summing up

Answer 5

At the conclusion of a trial the judge will give jury directions; that is, instructions to the jury about issues or points of law, and will sum up the case. The jury is required to listen to the directions and the summing
up given by the judge, and can ask for an explanation about any legal point they do not understand

Question 6

Deliver a verdict

Answer 6

The jury must discuss the case in private and decide which side they believe. These discussions should be free from pressure, and jurors can openly share their opinions since deliberations are confidential. The jury’s job is to decide on the facts, and in a criminal trial, they determine if the accused is guilty. The goal is to reach a unanimous decision, but in some cases, a majority verdict is accepted unless it’s a serious charge like murder or treason. They can also deliver a guilty verdict for a lesser offence if needed.

Question 7

unanimous verdict

Answer 7

a decision where all the
jury members are in
agreement and decide
the same way (e.g. they
all agree the accused
is guilty)

Question 8

majority verdict

Answer 8

a decision where all but
one of the members of
the jury agree

Question 9

strength of the jury

Answer 9

• Jury members are randomly picked, have no connection to the parties, and make a decision based on facts, not on
  biases or on their own enquiries.
• The jury system allows members of the jury to participate in the criminal justice system processes and ensures that
  justice is ‘seen to be done’.
• Collective decision-making can reduce the possibility
  of bias, as it means any personal, subconscious biases can be identified during the deliberation process and
  addressed by the group.
• Juries represent a cross-section of the community. They are made up of a diverse group of people, which can lead to the
  decision reflecting the views and values of our society.

Question 10

weakness of the jury

Answer 10

• Jury members may have unconscious biases or
  prejudices, and as they do not give reasons for their
  decisions, there is no way of knowing whether bias played a role in their decision-making.
• Criminal trials can be complex, including directions
  given to the jury and the evidence given at trial. It is not clear whether 12 laypersons on a jury will be able to
  understand the legal principles involved and the evidence
  that is given to then make a decision based on the facts.
• Jury trials may result in further delays as rules, evidence
  and processes need to be explained to the jury, and a jury
  may require some time to deliberate.
• A number of people cannot participate in a jury because they
  are ineligible, excused or disqualified. Therefore, it is possible
  that a large section of the community is not represented.