Unit 4 AOS2 (Jury system)

Question 1

What is the general role of juries?

Answer 1

Generally, the jury’s role is to be the decider of the fact in the courtroom, it composed of a group (usually of 12 ) ordinary of Australian citizens which aim to be a representative of a cross section of society to allows for a trial by one’s peers.

Question 2

What is the role of the jury in a criminal case?

Answer 2

To decide on a verdict of guilty or not guilty.

Question 3

What is the role of the jury in a civil case?

Answer 3

To decide if one is liable or not liable and hand down compensation

Question 4

What are the two key steps of a juries composure?

Answer 4

1. Summons

2. Empanelment

Question 5

How is the jury summoned? Three reasons one may avoid jury duty in the summons? (EDI) (eat dirty icecream)

Answer 5

A questionnaire is sent out to a group of people who are taken from the electoral roll (therefore not everybody is eligible).
The questions posed will allow some individuals to avoid jury duty due to…
Being excused: eg. if they lived too far away, if the know somebody involved in the case, if they have a disability which will likely prevent them from performing the task of a juror
Being disqualified: eg may have been past offenders
Deemed illegible: may be due to their occupation: lawyers/police
This creates a juror pool

Question 6

How is the jury empanelled?

Answer 6

Once the pool of jurors has been assembled the process of empanelment can narrow down the group through
Challenges made by lawyers to select the jury made before a jury member takes their seat after they have read their name and occupation.

They can be peremptory (no reason given) -each party gets 3 or casual with justified reason (eg. person may be biased in some way such as if there was a case involving a school a teacher or student may be challenged). -Unlimited

Question 7

What are four strengths of the jury system?

Answer 7

1.Community values reflected:Allows the values of the community to prevail in the courtroom meaning the social,cultural,moral and economic values of the time are reflected.Society is more likely to be pleased with the outcome and feel as though justice is served
2.Safeguards against misuse of power
Decisions made by ordinary people who have no bias or allegiance with the state or any party.
3..Less legal jargon used during trial:
Ensures the case is intelligible to the ordinary person so all evidence is presented clearly and no information is misconstrued by jargon.
4.Cross section of society: People from all walks of life who are random and unbiased.Those involved in the case can feel a person who can relate to them is judging them not legal authorities

Question 8

What are four weaknesses of the jury system?

Answer 8

1.No need to give a reason
The deliberation of this highly serious decision is made in secret by a range of random citizens. They may not have considered points of law and fact and instead judged on stereotypes, preconceived bias or gut feeling.

2.Influenced by the media.If factors other than the facts presented in the courtroom influence parties they are no longer an unbiased and unprejudiced audience

3.Lack of understanding of the legal jargon/court proceedings/evidence
Jurors may not understand or recall information due to the extensive quantity of evidence or complex language of the courtroom

4.Not a true cross section of society
The number of people who are disqualified, ineligible excused or challenged mean the jury is not a true random cross section of society. The empanelment process means the is actually constructed by the parties to a certain extent.

Question 9

What are four reforms to the current jury system?

Answer 9

1. Widen jury pool: Would create a jury who can accurately depict a cross section of society
2. Specialist foreperson: Could assist the jury throughout the trial with any questions relating to court proceedings
3. Give reasons: Would make juries accountable for their decisions, provide further grounds for appeal if they reasoning is incorrect as well as allowing parties to understand why they won/lost their case.

4.Not Proven’ option
If guilt or innocence (in criminal) are not satisfied to the appropriate standard this may give parties time to gather more evidence and present a more sustained case

Question 10

What are three alternatives to the current system?

Answer 10

1.Trial by judge or panel of judges:Provide expertise in the decision made by allowing the most experienced and knowledgeable people in the courtroom to decide upon the outcome. It would also reduce costs as an entire jury would not need to be paid and delays as time would not be wasted explaining procedures to average australians

2.Professional jurors
People who would take on the position of a juror as an ongoing profession. This would allow them to be familiar with court proceedings and have experience in cases
HOWEVER this may reduce the jury’s ability to be a group of ordinary and unbiased Australians as they may become part of the legal system.
3. Specialist jurors
Juries made up of experts qualified in field relevant to the case eg. medical experts,accountants ect) as they will be able to understand the complexity of specialised evidence led in the caseHOWEVER this may reduce the jury’s ability to be representatives of ordinary australians and their values + Would be expensive to pay a pannel of experts