The Role of Juries Flashcards
what is a jury
a panel of citizens, selected at random from a list compiled from the electoral roll, whose job is to pass judgement and determine the guilt or innocence of the accused based on the evidence presented to them at trial.
- this decision is called a verdict
- in most cases, a criminal trial involves a jury of 12
- play no role in the sentencing
what are advantages and disadvantages of a jury
advantages:
- more reliable than a single judge because it draws strength and credibility from numbers
- ordinary people are involved in the trial process –> community is confident that the system is operating fairly
- current values and community standards are applied
- protects the individual from abuses of state power
disadvantages:
- the jury may be inclined to be more emotional than judges, and therefore may lack objectivity
- may not understand court proceedings or technical evidence
- intimidation may lead to jurors fearing to ask for an explanation
- juries may be easily swayed by clever barristers
- many may want to avoid jury duty to lead their own personal lives
- juries may be influenced by the media, in a case with lots of media coverage it may be hard to ignore
what is the eligibility for jury duty
- australians aged 18+ become eligible once they are on the electoral roll
outline empanelment, the special process of selecting jurors
- jurors are selected from the jury roll at random
- once jurors are sworn in, the prosecution and defence can challenge each juror’s suitability to hear the case
- each side has three ‘peremptory challenges’, where they can select which jurors they do not want to observe the trial without the need to provide a specific reason
what is a challenge for cause
when the legal team rejects a juror because they believe that for some reason the juror will be prejudiced
e.g. the juror may be acquainted with the defendant or have been a victim of a similar crime and therefore may be thought to be biased
what are exemptions for jurors to not partake in jury duty
- aged over 65 years
- pregnant/ care for children full time
- people who do not speak english
- emergency services workers
- disabled individuals
- convicted criminals and members of the legal profession
if failed to attend when requested, you can face a fine
what are the roles of the jury throughout the trial
- listen to the evidence presented to the court, apply the law as directed by the judge, come to a verdict as to the accused’s guilt or innocence
- permitted to make notes
- not permitted to talk to anyone except their fellow jurors
- must stay alert and focused on the courtroom, their role is to be unbiased and impartial, and make a judgement based on evidence alone
- remain fair and open-minded, should not be influenced by the media or their own personal beliefs when deliberating a verdict
what is a hung jury
when the jury is not able to deliberate a verdict
- in these situations, the cause is dismissed and a retrial will be ordered, as a hung jury puts significant strain on all parties and places subsequent cost and time burdens
LCMID legislation amendments for the hung jury
2006, NSW Parl amended the Jury Act 1977 (NSW) with the Jury Amendment (Verdicts) Act 2006 (NSW), to allow majority verdicts in cases where reasonable time for deliberation has passed and the court is satisfied that a unanimous verdict will not be reached
A majority verdict is defined as:
- a verdict agreed to by 11 jurors when the jury is consisted of 12
- a verdict agreed to by 10 jurors where the jury is consisted of 11
arguments for and against taking majority verdict
arguments for:
- a majority verdict removes the power of rogue or unreasonable jurors who are unrepresentative of the community, avoiding time delays, costs and stress on the victim of a retrial
arguments against:
- majority verdict removes the possibility of a ‘reasonable doubt’ decision if only one juror is disagreeing
- that disagreements are rare
