Chapter 7.5 Flashcards
The jury
Roles of the jury
- Be objective
- Listen to and remember the evidence
- Understand directions and summing up
- Decide on liability and, in some cases, damages
Be objective
The jury must be unbiased and bring an open mind to the task, putting aside any prejudices or
preconceived ideas. Each juror (jury member) must have no connection with any of the parties and
must be careful to decide on the facts, not on their own biases.
Listen to and remember the evidence
Evidence in civil trials can be complex, such as cases involving business valuations, which may include detailed and technical information that can be difficult for laypeople to understand. Jurors are allowed to take notes to help remember key details but must remain focused on the courtroom proceedings. They are strictly prohibited from conducting their own investigations, doing research, or making inquiries related to the trial.
Understand directions and summing up
During the trial the judge will give directions to the jury about issues or points of law and will sum up
the case at the end. The jury must listen carefully to the directions and summing up
Decide on liability and, in some cases, damages
In a civil trial, the jury determines whom to believe and whether the plaintiff has proven their case on the balance of probabilities, as well as whether the defendant has established any defence. A unanimous verdict is preferred, but a majority verdict (five out of six jurors) is acceptable. Deliberations are confidential to encourage open discussion, allowing jurors to challenge any biased thinking. Although civil juries are uncommon, in some cases, a defendant may request the judge to overrule the jury’s verdict, as happened in one particular case.
summary of the similarities and differences between the role of the jury in a
criminal and civil case.
Similarities
* Both juries are expected to be impartial when making their decision.
They decide based on facts and evidence, not on pre-conceived ideas or
prejudices.
* Both juries must listen to and concentrate on the evidence. They can ask
clarifying questions of the judge and can take notes if it helps them.
* Both juries have the role of ensuring they comply with their obligations,
which include ensuring they do not undertake any outside research or
read anything about the case.
Differences
* The jury in a criminal trial will decide on guilt, whereas the jury in a civil
trial will decide on liability.
* The standard of proof is different; the jury needs to decide on guilt in
a criminal trial beyond reasonable doubt, whereas in a civil trial it is a
lesser standard and is on the balance of probabilities.
* A jury in a criminal trial will never decide the sanction, but in some civil
trials a jury may determine the damages to be awarded to a successful
plaintiff.
strengths of the jury
- 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. - It allows members of the jury to participate in the civil
justice system processes and ensures that justice is
‘seen to be done’. This will therefore also enable them to
become more informed about our civil justice system. - 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.
weakness of jury
- 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 a bias
played a role in their decision-making. - Civil trials can be complex, including directions given
to the jury and particular types of civil disputes such as
defamation claims. It is not clear whether the 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 matters 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.
