The role of the jury in a criminal trial

Question 1

Where and why are criminal juries used?

Answer 1

Criminal juries are used in the original jurisdiction of the County and Supreme Court to determine the guilt of an accused person charged with an indictable offence.

Question 2

When are juries never used?

Answer 2

• in the Magistrate’s Court
• in appeals
• when the accused pleads guilty

Question 3

Composition of a criminal jury

Answer 3

12 people are randomly selected from the electoral roll

Question 4

Those selected may be unable to serve on a jury for 4 reasons:

Answer 4

1. Ineligible
2. Disqualified
3. Excused
4. Challenges

Question 5

Ineligible

Answer 5

Due to their occupation (e.g. police, lawyers, members of parliament) or because they could not understand the proceedings (e.g. blind, deaf, intellectually disabled)

Question 6

Disqualified

Answer 6

Due to past behaviour (e.g. spent specified time in prison, currently bankrupt or on bail or remand)

Question 7

Excused

Answer 7

Due to extreme hardship or inconvinience

Question 8

Challenges

Answer 8

Either side can challenge up to 3 jurors for no reason and an unlimited number with valid reason

Question 9

What are members of a jury required to do?

Answer 9

• listen to all of the evidence presented in court
• decide if the accused is guilty or not guilty
• before they retire to consider the verdict, they receive directions from the judge
• can only find an accused guilty if they are convinced of the guilt beyond reasonable doubt
• can be a lengthy process, especially in complex trials

Question 10

Process of the jury finding the guilt of an accused:

Answer 10

• jury tries to reach a unanimous verdict (all 12 agree)
• if not possible, the judge will normally accept a majority verdict of 11/12 (except for cases involving murder or drug trafficking)
• if a unanimous or majority verdict is not achieved, a hung jury results (the accused will need to be tried again with a new jury)

Question 11

Strengths of the jury system

Answer 11

• 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 is more likely to be correct
• reflects community values

Question 12

Weaknesses of the jury system

Answer 12

• 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