week 8 Flashcards
when are juries used
civil and criminal trials
how many jurors for criminal trials
12
how many jurors in civil trials
4
when are reserved jurors used
high profile cases
how many reserve jurors are there
2-6
who are members of a jury
members of the general public aged 18-70
how are jurors selected
random selection from the electoral rolls and then complete an eligibility
who might not be called to jury duty
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
what percentage of jurors were females
56%
what percentage of jurors had a university degree
34%
what percentage of jurors had other forms of tertiary education
20%
how do jurors compare to the average qld pop
jurors appear to be better educated than queensland residents overall
why is it concerning that there is no data representing how many indigenous people are jurors
because indigenous people are over represented in the justice system
what is the voir dire process goals
- whether the potential jurors are qualified to serve as jurors
- to identify any biases that may interfere with their ability to be impartial
who can raise objections to a juror
both defence and prosecution
why do lawyers make a challenge for cause
to the judge that potential juror x is unsuitable for reasons y and the judge makes the decision to excuse or not
how long does voir dire last
typically last hours but can take months
when is voir dire likely to take months
in tirals with intense pre-trial publicity
what is peremptory challenge
a defendants or lawyers objection to a proposed juror, made without needing to give a reason
what type of jurors do the defence usually exclude with peremptory challenge
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
does the usa have grand juries
yes
does australia have grand juries
no
what is the role of grand juries
role is to decide if there is enough evidence to go to trial (possibility of conviction)
how many people on grand juries
16-23 general public citizens
who is there for grand juries
prosecutors only, no judge, no defendant represented