Jury System

Question 1

Outline the role of the jury in both civil and criminal procedures

Answer 1

The jury acts as a independent decision-maker when used. The jury is the decider of the facts, they make a decision about which facts they believe to be true. The role of the jury is to listen to all the evidence, understand and remember the evidence put forward, make sense of the evidence and maintain concentration. The jury must also apply the facts to the law as explained by the judge. The jury must then take part in the deliberations and make a decision.

Question 2

Distinguish between a jury’s role in criminal and civil trials

Answer 2

In civil trials a 6 member jury can be used on request by either of the parties in the County Court and the Supreme Court. They must reach a majority decision of 5/6 based on the balance of probabilities. They decide which party is liable decide on the amount of damages to be paid to the plaintiff if the plaintiff is successful and damages are sought.

In criminal trials a 12 member jury is used however a jury is never used in the Magistrates’ Court, in appeal cases or when the accused pleads guilty. In criminal trials the jury must reach a unanimous decision. If after 6 hours of deliberation a unanimous decision cannot be reached, the court will accept a majority verdict of 11/12 in all cases other than murder, treason, commonwealth offences and drug trafficking of commercial qualities. They must decide if the accused is guilty or not guilty beyond reasonable doubt.

Question 3

Who is eligible for jury service

Answer 3

People are randomly selected for jury duty from the electoral rolls. If a person is a registered voter, he or she may be called for jury duty.

Question 4

Who is responsible for selection of prospective jurors

Answer 4

The Juries Commissioner notifies the Electoral Commissioner of the number of people estimated to be required for jury service for any particular jury district. In Victoria, jury districts are the same as the electoral districts or subdivisions for the Victorian Legislative Assembly. The Electoral Commissioner randomly selects the required number of people from the electoral rolls. The list of prospective jurors is sent to the Juries Commissioner.

Question 5

By whom is the jury questionnaire sent and what is its purpose

Answer 5

The Juries Commissioner sends a questionnaire to each person on the list. The questionnaire is designed to ascertain whether the person is qualified to serve on a jury or if there is any reason why they cannot serve. After checking each questionnaire, the Juries Commissioner will decide whether the person is liable for jury service. It is an offence to give any false information.

Question 6

Within what time limit should the questionnaire be returned

Answer 6

It is an offence not to answer the questionnaire and return it to the sheriff within seven days. The fine is 30 penalty units.

Question 7

How are eligible jurors informed of the need to attend jury service

Answer 7

If eligible, prospective jurors will be sent a jury summons, which requires them to attend court for jury service at a later date.

Question 8

What are the 3 reasons why some individuals may not serve on a jury

Answer 8

Disqualified
Ineligible
Excused

Question 9

Disqualified

Answer 9

Some people are disqualified from jury service because of something they did in the past that makes them unsuitable. For example, people who have been convicted of an indictable offence and sentenced to a term of imprisonment of more than three years or who are bankrupt are disqualified because they may be seen as unreliable or may be biased towards the accused.

Question 10

Ineligible

Answer 10

Someone may be ineligible because of their occupation or their inability to comprehend the task of a juror. For example, people who are employed in law enforcement or the provision of legal services in criminal cases are ineligible for jury service because their opinion might carry too much weight. Each member of the jury should make a decision on the facts as they see them. If a person who is involved in the legal profession believes, for example, that the accused is guilty, other jury members might think that the person must be right because of their training. People who are unable to comprehend the task or carry out the duties of being on a jury are also ineligible because they would not be able to make an appropriate decision on the facts before them. This includes people who cannot read or understand English, or a person who has a physical disability that renders him or her incapable of performing the duty of being a juror, for example being deaf or intellectually disabled. Schedule 2 of the Juries Act 2000 (Vic.) lists people who are ineligible to serve as jurors.

Question 11

Excused

Answer 11

A person may apply to the Juries Commissioner to be excused from jury service for the whole or any part of the jury service period. The Juries Commissioner will excuse the person if satisfied that there is a good reason for doing so. Good reasons include illness or poor health, incapacity, substantial hardship to the person would result from the person attending for jury service, and more. A person wishing to be excused must either give evidence on oath or provide a statutory declaration. The Juries Commissioner may permanently excuse a person for good reason, including continuing poor health, disability or advanced age.

Question 12

Pay when attending jury service

Answer 12

An employer must release a person who has been selected for jury service. The rate of pay for jury service is $40 per day for the first six days. For each day of attendance in excess of six days the rate of pay is $80 per day.

Question 13

Employers responsibility when an employee is attending jury service

Answer 13

A juror’s employer is required to pay the difference between the amount received in jury fees and the amount the juror would have received from an ordinary day’s work. An employer cannot dismiss an employee or overlook an employee for promotion due to jury service.

Question 14

What is the role of the foreperson

Answer 14

Once a jury is empanelled, the jurors elect a foreperson to act as their spokesperson. The foreperson will chair the deliberations and ensure that each juror has an opportunity to have their say. They will ask the judge questions and deliver the verdict. During the jury’s deliberations, the foreperson is responsible for the conduct of the deliberations, although his or her vote does not carry any extra weight, and he or she should not try to influence the other jurors in any way. When a jury has reached a decision, the foreperson will state ‘guilty’ or ‘not guilty’ in a criminal trial.

Question 15

How is a jury empaneled

Answer 15

When a case requires a jury, a jury pool supervisor will randomly choose a number of prospective jurors to go to a particular courtroom to form a jury panel and undergo the empanelling process. If jurors are empanelled as jurors for a trial, the number of days they will be needed will depend on the length of the trial.
Not all prospective jurors will be selected for a jury. Some prospective jurors may be challenged. If a juror is not selected, he or she returns to the jury pool until another trial requires a jury and the process is then repeated.

Question 16

Challenges for cause

Answer 16

A juror may be challenged for a reason (known as a challenge for cause), such as knowing the accused. There are unlimited challenges for cause.

Question 17

Peremptory challenges

Answer 17

A juror may be challenged without a reason (known as a peremptory challenge). Challenges without a reason are usually based on an assumption that the juror might not be favourably disposed to the challenger. This assumption might be based on appearance, age or occupation, if given.

Question 18

peremptory challenges for the accused

Answer 18

Each person who is accused of a crime and is being tried is allowed six peremptory challenges. However, this changes according to the number of accused in one trial.

Question 19

Prosecution stabs aside jurors

Answer 19

The prosecution is allowed to stand aside six jurors if there is one accused. Again, this changes if there is more than one accused. The requirement to stand aside must be made as the potential juror comes to take his or her seat and before he or she sits down.

Question 20

Peremptory challenges in civil trials

Answer 20

The plaintiff and the defendant are entitled to three peremptory challenges each. A peremptory challenge in a civil trial is made by striking the name or number of the potential juror from the list of persons selected.

Question 21

Jury verdict in criminal

Answer 21

The jury must first try to reach a unanimous verdict (a verdict where all members of the jury agree), but if this is not possible after six hours, a majority verdict (11 out of 12 jurors) can be accepted as the verdict of all the jury except in cases of murder, treason, trafficking or cultivating commercial quantities of drugs or narcotic plants, or Commonwealth offences. If there are only 11 jurors left, a majority verdict would be 10 out of 11, or 9 out of 10 if only 10 jurors are left.

Question 22

Jury verdict in civil

Answer 22

In a civil trial, the jury will find for either the plaintiff or the defendant. If the jury find in favour of the defendant, it means that the plaintiff was not able to prove their case on the balance of probabilities. The decision can be a majority decision (five out of six) if they are unable to reach a unanimous decision after at least three hours of deliberation.

Question 23

Hung Jury

Answer 23

If a jury is unable to reach either a unanimous or majority verdict, then it cannot reach a decision and is said to be a hung jury. A new trial, with a new jury, will usually be conducted after a hung jury verdict.

Question 24

Reasons for a decision

Answer 24

When a jury has reached a decision, the foreperson will state ‘guilty’ or ‘not guilty’ in a criminal trial, or find for the plaintiff or the defendant in a civil trial. The jury does not have to give a reason for its decision. This gives the jury the flexibility to make its decision for reasons other than following the appropriate points of law. The jury is able to decide on matters according to their conscience.

Question 25

Jury summons

Answer 25

If eligible, prospective jurors will be sent a jury summons, which requires them to attend court for jury service at a later date. All people who attend jury service, whether they are selected to sit on a jury or not, are paid for their days in attendance. An employer is required to pay a juror his or her normal wage less the amount the person receives for jury service.

Question 26

Jury pool

Answer 26

The Juries Commissioner will have a pool of jurors for the Supreme Court or County Court from which jurors can be drawn at any time. Jurors who have received a summons to attend jury duty, and have been selected, must present themselves at the court building. They will become part of the jury pool for one or two days. In the jury pool room, the pool supervisors will determine each prospective juror’s identity and inquire as to their availability for particular lengths of trials.

Question 27

Number of jurors in a criminal trial

Answer 27

A criminal trial in the County Court or Supreme Court must have a jury of 12 when heard for the first time (although this can increase to 15). A court may order the empanelling of up to three additional jurors in a criminal case that is expected to last for a long time. If at the end of the trial more than 12 jurors remain on the jury, a ballot will be held to reduce the number of jurors to 12. The jurors whose cards are drawn in the ballot are excused. If the foreperson’s card is drawn out, it is put aside and another card drawn in its place.

Question 28

Reasons behind number of jurors in criminal

Answer 28

The empanelling of more than 12 jurors (up to 15) is designed to avoid having a jury reduced to less than 12 because of such things as illness, although a jury can continue with only 10 members. If a person is unable to continue on the jury because of death or illness the court has the power, if it thinks fit, to direct that the trial continue with a jury of not less than 10 (from an original jury of 12 or more).

Question 29

Number of jurors in a civil case

Answer 29

If a jury is to be used in a civil trial in the Supreme Court or the County Court, it must consist of six members. Up to two extra jurors may be empanelled if the trial is likely to be a lengthy one. At the end of the trial, if eight jurors still remain, the court will decide by ballot which two jurors should be excused from the deliberation. The jury foreperson must remain on the jury, and so is excluded from this ballot. If a juror is unable to continue on the jury because of death or illness, the court has the power, if it thinks fit, to direct that the trial continues with a jury of five.

Question 30

Selecting jurors in a civil trial

Answer 30

The names or numbers of the prospective jurors are put on a list. Six jurors are chosen for the jury (eight if it is anticipated that it will be a long trial).