The Role Of A Criminal Jury Flashcards
Jury of #, trial by peers
Juries are used in the original jurisdiction of the County Court and Supreme Court. Juries are never used in the Magistrates’ Court and are not used in appeals. A jury of 12 is compulsory in criminal cases in the County Court or Supreme Court, where the accused pleads not guilty. Three extra jurors can be empanelled for lengthy trials in case someone falls ill.
The jury system is based on trial by peers. The jury in a criminal trial must listen to all the evidence, piece the evidence together and decide whether the accused is guilty or not guilty. In a civil case the jury decides who is in the wrong. It is the judge’s role to explain the law to the jury. The jury considers the evidence with respect to the law and makes its decision.
Unanimous, majority, hung
A criminal jury must first try to reach a unanimous verdict. If this is not possible, a judge may allow a majority decision for criminal offences other than murder, treason, trafficking or cultivating a large commercial quantity of drugs or narcotic plants and Commonwealth offences. For a majority verdict, 11 out of 12 jurors must agree. If a majority verdict cannot be reached, there is a hung jury. This means that the accused has not been found either guilty or not guilty, and can be tried again at a later date.
Reasonable doubt
The finding of guilt must be made beyond reasonable doubt in a criminal case. This means that if a member of the jury is not sure that the accused is guilty, he or she must state ‘not guilty’. It is not possible for a juror to be absolutely certain because he or she was not there when the crime was committed, but they must be as sure as rationally possible. Reasonable in this instance is what the average person in the street would believe to be the case; that is, when the evidence is looked at in a logical and practical manner.
Selection of jurors, questionnaire, jury summons
People who are registered to vote at elections may be randomly selected for jury service
from the electoral roll. People who are randomly selected will be notified by mail and must return a questionnaire to determine whether they are eligible and available to serve on a jury. If eligible, they will be sent a jury summons which requires them to attend court for jury service at a later date. People who do not return the questionnaire or do not attend jury service risk a substantial fine.
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.
Some categories of people are not able to serve on a jury or request to be excused.
Ineligible
People may be ineligible to serve on a jury because of their occupation. This includes people who in the last 10 years have worked as governors, police officers, legal practitioners, judicial officers, bail justices, ombudsmen, parliamentarians and public servants employed in law enforcement, criminal investigation, the provision of legal services in criminal cases, the administration of justice or penal administration.
People who cannot understand or effectively take part in the proceedings are also ineligible. Such people may have an intellectual disability, a mental illness, a physical disability which excludes them from performing the duties of a juror, or they may have inadequate knowledge of English.
Disqualified
People can be disqualified from jury service because of what they have done. For example, people may be disqualified because they have been in prison, they have recently served a community correction order, they have been convicted and sentenced for an offence within the last two years or they are currently charged with an indictable offence. This disqualified category also includes people who have been declared bankrupt and have not obtained a discharge.
Excused
People can apply to the Juries Commissioner to be excused from jury duty if they have a good reason. Possible reasons include ill health, excessive inconvenience to get to the court, substantial hardship in attending court, or having to care for dependants.
Jury pool, jury panel
If a person is called for jury service and is not ineligible, disqualified or able to be excused, he or she must attend when required. This will initially be for one or two days, when these prospective jurors will form a jury pool. As new trials begin, groups of potential jurors will be selected from this pool to form a jury panel and are taken to a court room for the final selection process.
Excused, courtroom selection process, unlimited challenges, challenge for cause, peremptory challenge
Once in the court, any juror who cannot do their jury service for a good reason can ask the judge to be excused. A courtroom selection process then begins where both parties in a case can either select, or object to, a particular person being on the jury. Each juror’s name (or number in some cases) is read out and the barristers may challenge him or her. In a criminal case the accused’s counsel is able to challenge up to six jurors without giving a reason (peremptory challenges), and is allowed unlimited challenges if there is a legitimate reason (challenge for cause).
Prosecution stand aside, what happens to jurors when stood aside
The prosecution is able to stand aside up to six jurors without a reason, and is allowed unlimited challenges with a reason. Those jurors who are asked to stand aside return to the jury pool and may go through the jury selection process for another trial. If a person is not selected for a trial they will be dismissed after their second day in the jury pool.
If a person is not challenged, affirmation, what the judge explains
If a person is not challenged, he or she enters the jury box and becomes part of the jury. Each juror takes an oath (or affirmation) and the judge will briefly explain the jury’s roles and responsibilities. The selected jurors are expected to attend court for the duration of the trial. Trials usually last between two and seven days.
Certificate of attendance, exemption, what is it illegal for jurors to do
At the end of the trial, the jury members are given a certificate of attendance to present to employers, and those who have served on long trials may also receive an exemption certificate from further jury service. In Victoria, it is illegal for jury members to publicly name other jurors or talk about how the jury came to its decision.
Impact of jury service on employment
Jurors are paid $40 a day for the first six days, then $80 a day. An employer is required to provide the juror with their ordinary pay less the amount paid by the court. An employer must release their employee and cannot dismiss or discriminate against a person for attending jury service. In exceptional cases, the prospective juror can apply to postpone jury service for employment-related reasons or ask for an exemption when selected for a trial estimated to last more than seven days on the grounds that jury duty would cause them or their employer extreme hardship.
4 advantages of the jury system
it provides a system of trial by peers
it provides an opportunity for the general community to be involved
it reflects community values
it spreads the responsibility of the decision over more shoulders
6 disadvantages of the jury system
it is not a true cross-section of the community
it is difficult for jury members to understand complicated evidence
jurors may be influenced by the arguments of clever barristers
jurors may be influenced by the media
jurors may have personal biases
jurors may not follow the law
