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
what percentage of grand jury cases go to trial
99.9%
what is the australian equivalent for grand juries
public prosecutors assess and decide on reasonable prospect of conviction
if put forward, then goes to magistrates courts
what are the different models of the jury
lay persons
lay persons and judges
judges only
what countries use lay persons jury
australia
UK
USA
NZ
canada
what countries use lay persons and judges
france
italy
germany
what countries only use judges
south africa
what can differ with models of the jury
amount of information known about jurors
jury size (criminal vs civil cases)
unanimity vs majorty verdicts
what are some methods for studying jurors
post trial interviews
archival research
questionnaire surveys
simulation/mock juries
field studies
what are post-trials interviews
assess the understanding of judges instructions after the trial is done
what are some issues of reliability of self-report data for post trial interviews
hindsight bias
social desirability
when does post trial interviews happen
usually months after the trial
why is post trial interviews flawed
because they happen so late after the trial and recall degrades over time
what is the validity of post trial interviews
high external validity
what can post trial interviews discuss
can only discuss variables, not cause and effect
what is archival research
records of trials, police interviews with winesses
what can archival research not do
go back and ask more questions
what is the validity of archival research
high external validity but cannot establish cause and effect
what do mock juries use
written materials and undergrads
what do most mock juries not use
deliberations
how is mock juries validity
high internal validity
generally low external validity
what do mock juries suggest
that both characteristics of the defendant and the jurors impact on decisions
what is a mock jury
participants are given the trial information and respond individually (juror research) or in groups (jury research)
what are field studies
investigate, for example differences between jurors that were allowed to take notes and those who were not
why are field studies difficult
needs the courts cooperation which can be difficult
what is field studies validity
high external validity
what are shadow juries
create your own jury
matched demographics with sitting jury members
disadvantages in jury note taking
note takers exert influence over non-note takers
if there are disagreements, jurors will rely on those who took notes
advantages of jury note taking
memory aid
clear view of the care
what happens when case comlexity increases
jurors are less sure their verdict reflects a proper understanding or instructions
what areas do jurors often struggle to comprehend
reasonable doubt
criminal intent
use of prior offence history
what percentage of instructions is well understood by jurors
less than 50%
what are the 4 types of evidence that significantly influenced jurors
physical evidence
eyewitness testimony
discrediting testimony and evidence
extra-legal factors of social class and education, personality etc.
when is conviction more likely
with older jurors
higher educational standard
previous jury experience
female jurors (but only in rape cases and child sexual abuse cases)
what does physical appearance mean for defendants
physically attractice defendants are more likely to be acquitted or receive a lighter sentence
how does ethnicity impact jury
defendants are more likely to be seen as guilty if their ethnicity matches stereotypic expectations
how many Indigenous australians are in jail
3% of the pop but 28% of prison pop
how many Indigenous men will come before the courts
30% of all indigenous men
what is the CSI effect
education of jurors whereby they are more likely to convict a suspect if the procedures and techniques from tv are used in real life
