Courtroom SAC

Question 1

Name and describe three reforms which enhance the jury system

Answer 1

1. Require jury’s to give reasons for their decisions (Allows parties to gain an insight into their thoughts, see if due attention had been given to points of law)
   - Could lead to more appeals :(
2. Have a specialist foreperson (Able to inform the jury on the relevant law and court procedure)
   - Jurors may not think for themselves :(
3. Reduce challenges and exemptions (Ensure jury is representative of the community/population and that parties don’t manipulate who is part of jury)
   - Won’t be as fair on accused if they don’t have a say

Question 2

List some advantages of the jury system

Answer 2

• Trial by peers
• Allows community to be involved (helps community gain respect for the legal system)
• Reflects community values (decisions are made on the jury members’ values)
• Spreads responsibility of the decision over more shoulders

Question 3

List some disadvantages of the jury system

Answer 3

• It is not a true cross-section of the community (some people can’t come, challenges force people to not be included - not always REPRESENTATIVE)
• Difficult for jury members to understand complicated evidence/terms
• Jurors may be influenced by the arguments of clever barristers (Jurors may dismiss logic due to manipulation/persuasion)
• Jurors may be influenced by the media
• Jurors may have personal biases
• Jurors may not follow the law (due to not having to give a reason, jurors may make their decision for a reason other than to uphold the law)

Question 4

Outline the process by which jurors are selected

Answer 4

1. People on the electoral roll are chosen at random
2. When selected, jurors must mail and return a questionnare

(There are exceptions - people who are ineligible, disqualified or excused)

3. If eligible, they will be sent a jury summons
4. Numerous jurors will form a jury pool
5. Groups of potential jurors will form a jury panel and are taken to a courtroom for the final selection process
6. Defendant’s party is allowed 6 “peremptory” challenges and unlimited “challenge for cause” challenges
7. Prosecution is allowed to “stand aside up to six jurors” without giving a reason and has unlimited “challenge for cause” challenges
8. 12 jurors are selected, hear the trial and deliver a verdict

Question 5

List the roles of a criminal jury

Answer 5

• To listen to evidence presented and decide only on the facts and the law presented to them by the judge
• They must be impartial, unbiased and be objective