juries Flashcards
jury
a group of randomly selected people who are required to deliver a verdict in a trial based on the evidence presented to them in court
jury composition
- governed by the Juries Act 2000 (Vic)
- potential jurors are randomly selected from Victorian electoral roll
- those selected must fill out an eligibility form
- if eligible, potential jurors attend court on a particular day and form part of the jury pool
- if CC and SC(TD), 6 jurors
- on day of selection, jurors’ names and occupations are announced. as a juror approaches the jury box, each party can ‘challenge’ the prospective juror
> both parties have two peremptory challenges - no reason provided
> both parties have an unlimited number of challenges for a cause - reason must be provided
jury exemptions
disqualified
ineligible
excused
disqualified
unable to serve due to background
- convicted of indictable offence and sentence to 3+ yrs of imprisonment
- sentences to 3+ months imprisonment within the last 10 yrs
- currently on bail or remand
- undischarged bankrupts
ineligible
unable to serve due to occupation or characteristic
- judges, magistrates, lawyers, officers, members of parliament
- unable to communicate, insufficient English, physical disability that renders them incapable of performing jury service
excused
unable to serve due to difficult circumstances
- poor health, live more than 50km away, advanced age, financial hardship, carers with dependents, unable to be impartial
role of the jury
- objectively listen to evidence and consider the facts of the case
- follow the directions of the judge regarding the relevant law
- decide who is more likely in the wrong on the balance of probabilities (deliver verdict)
- possible assess the amount of damages (except defamation)
not part of jury’s role
- jury members are disallowed from obtaining external info about the trial
- jury members are not required to provide reasons for their decision
