Jury Flashcards
What is a Jury?
A system of judgment by ones peers who are unbiased and independent of the case.
What is the role of a Jury?
The role of the jury is to listen to all the evidence, piece the evidence together and form a judgment.
Juries are not used in the Magistrates court
Criminal Jury
12 jurors (up to 15 can be empanelled)
Standard of Proof:
Beyond Reasonable Doubt
Everyone agrees in a murder case (unanimous).
Juries are compulsory in criminal cases
Civil Jury
6 jurors (up to 8 can be empanelled)
Standard of Proof:
Balance of Probabilities
A majority verdict is suitable
Juries are optional
Ineligible
officially unable to be considered for a position
Disqualified
declared ineligible because of an
offence or infringement
excused
seek to lessen the blame attaching to a fault or offence
served
perform duties or services for another person or organisation
Strength of Juries
Independent and impartial.
Allow for the community to be involved in the process.
Must base decision on evidence presented in court.
Shares responsibility among several people so decision more likely to be correct.
Reflects community values
Weakness of Juries
Do not give reasons for their decisions so we do not know how they reached their decision.
Task is difficult and evidence can be hard to follow.
Can be over-influenced by skilled barristers.
Can have biases.
Cause delays as technical and legal terms need to be explained.