week 8 Flashcards

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1
Q

when are juries used

A

civil and criminal trials

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2
Q

how many jurors for criminal trials

A

12

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3
Q

how many jurors in civil trials

A

4

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4
Q

when are reserved jurors used

A

high profile cases

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5
Q

how many reserve jurors are there

A

2-6

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6
Q

who are members of a jury

A

members of the general public aged 18-70

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7
Q

how are jurors selected

A

random selection from the electoral rolls and then complete an eligibility

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8
Q

who might not be called to jury duty

A

homeless
not a citizen
changed address
police and criminal staff and defence force
current member of parliament
lawyers
unable to read or write English
disabled
member of land tribunal

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9
Q

what percentage of jurors were females

A

56%

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10
Q

what percentage of jurors had a university degree

A

34%

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11
Q

what percentage of jurors had other forms of tertiary education

A

20%

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12
Q

how do jurors compare to the average qld pop

A

jurors appear to be better educated than queensland residents overall

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13
Q

why is it concerning that there is no data representing how many indigenous people are jurors

A

because indigenous people are over represented in the justice system

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14
Q

what is the voir dire process goals

A
  1. whether the potential jurors are qualified to serve as jurors
  2. to identify any biases that may interfere with their ability to be impartial
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15
Q

who can raise objections to a juror

A

both defence and prosecution

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16
Q

why do lawyers make a challenge for cause

A

to the judge that potential juror x is unsuitable for reasons y and the judge makes the decision to excuse or not

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17
Q

how long does voir dire last

A

typically last hours but can take months

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18
Q

when is voir dire likely to take months

A

in tirals with intense pre-trial publicity

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19
Q

what is peremptory challenge

A

a defendants or lawyers objection to a proposed juror, made without needing to give a reason

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20
Q

what type of jurors do the defence usually exclude with peremptory challenge

A

jurors who have professions or backgrounds similar to the victim as they may feel an emotional link to them, while prosecutors tend to exclude jurors who may show affinity for the defendant

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21
Q

does the usa have grand juries

A

yes

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22
Q

does australia have grand juries

A

no

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23
Q

what is the role of grand juries

A

role is to decide if there is enough evidence to go to trial (possibility of conviction)

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24
Q

how many people on grand juries

A

16-23 general public citizens

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25
Q

who is there for grand juries

A

prosecutors only, no judge, no defendant represented

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26
Q

what percentage of grand jury cases go to trial

A

99.9%

27
Q

what is the australian equivalent for grand juries

A

public prosecutors assess and decide on reasonable prospect of conviction
if put forward, then goes to magistrates courts

28
Q

what are the different models of the jury

A

lay persons
lay persons and judges
judges only

29
Q

what countries use lay persons jury

A

australia
UK
USA
NZ
canada

30
Q

what countries use lay persons and judges

A

france
italy
germany

31
Q

what countries only use judges

A

south africa

32
Q

what can differ with models of the jury

A

amount of information known about jurors
jury size (criminal vs civil cases)
unanimity vs majorty verdicts

33
Q

what are some methods for studying jurors

A

post trial interviews
archival research
questionnaire surveys
simulation/mock juries
field studies

34
Q

what are post-trials interviews

A

assess the understanding of judges instructions after the trial is done

35
Q

what are some issues of reliability of self-report data for post trial interviews

A

hindsight bias
social desirability

36
Q

when does post trial interviews happen

A

usually months after the trial

37
Q

why is post trial interviews flawed

A

because they happen so late after the trial and recall degrades over time

38
Q

what is the validity of post trial interviews

A

high external validity

39
Q

what can post trial interviews discuss

A

can only discuss variables, not cause and effect

40
Q

what is archival research

A

records of trials, police interviews with winesses

41
Q

what can archival research not do

A

go back and ask more questions

42
Q

what is the validity of archival research

A

high external validity but cannot establish cause and effect

43
Q

what do mock juries use

A

written materials and undergrads

44
Q

what do most mock juries not use

A

deliberations

45
Q

how is mock juries validity

A

high internal validity
generally low external validity

46
Q

what do mock juries suggest

A

that both characteristics of the defendant and the jurors impact on decisions

47
Q

what is a mock jury

A

participants are given the trial information and respond individually (juror research) or in groups (jury research)

48
Q

what are field studies

A

investigate, for example differences between jurors that were allowed to take notes and those who were not

49
Q

why are field studies difficult

A

needs the courts cooperation which can be difficult

50
Q

what is field studies validity

A

high external validity

51
Q

what are shadow juries

A

create your own jury
matched demographics with sitting jury members

52
Q

disadvantages in jury note taking

A

note takers exert influence over non-note takers
if there are disagreements, jurors will rely on those who took notes

53
Q

advantages of jury note taking

A

memory aid
clear view of the care

54
Q

what happens when case comlexity increases

A

jurors are less sure their verdict reflects a proper understanding or instructions

55
Q

what areas do jurors often struggle to comprehend

A

reasonable doubt
criminal intent
use of prior offence history

56
Q

what percentage of instructions is well understood by jurors

A

less than 50%

57
Q

what are the 4 types of evidence that significantly influenced jurors

A

physical evidence
eyewitness testimony
discrediting testimony and evidence
extra-legal factors of social class and education, personality etc.

58
Q

when is conviction more likely

A

with older jurors
higher educational standard
previous jury experience
female jurors (but only in rape cases and child sexual abuse cases)

59
Q

what does physical appearance mean for defendants

A

physically attractice defendants are more likely to be acquitted or receive a lighter sentence

60
Q

how does ethnicity impact jury

A

defendants are more likely to be seen as guilty if their ethnicity matches stereotypic expectations

61
Q

how many Indigenous australians are in jail

A

3% of the pop but 28% of prison pop

62
Q

how many Indigenous men will come before the courts

A

30% of all indigenous men

63
Q

what is the CSI effect

A

education of jurors whereby they are more likely to convict a suspect if the procedures and techniques from tv are used in real life