AOS3 - Criminal Juries

Question 1

When are criminal juries used?

Answer 1

• they are compulsory in the original jurisdiction of the County Court and Supreme Court (Trial Division) to determine the guilt of the accused

Question 2

When are criminal juries not used?

Answer 2

• in the Magistrates Court
• in the appellate jurisdiction of the courts (too complicated for jurors to understand legal principles or arguments)
• if the accused has pled guilty

Question 3

Jury composition

Answer 3

• governed by the Juries Act 2000 (Vic)
• 12 jury members deliberate and decide guilt
• 3 extra can be empaneled for lengthy trials if another juror has to withdraw
• must be 18+ and enrolled to vote in Victoria
• selected at random and sent a form to determine their eligibility
• if found eligible they are sent a summons to attend court

Question 4

Disqualified (due to background)

Answer 4

• sentenced to term of imprisonment beyond 3 years
• on bail or remand
  -undischarged bankruptcy

Question 5

Ineligible (occupation or characteristic)

Answer 5

• those closely associated with the legal system (judges, lawyers, police officers, MPs)
• unable to communicate
• insufficient English
• physical disability

Question 6

Excused (difficult circumstances)

Answer 6

• poor health
• live more than 50km away
• advanced age
• financial hardship (sole trader etc.)
• carer with dependents
• unable to remain impartial

Question 7

Role of the criminal jury

Answer 7

• concentrate during trial and listen to all evidence
• piece together evidence and decide the verdict
• must try and reach a unanimous (12/12) verdict for both a guilty or not guilty decision
  
  • judge can accept a majority (11/12) verdict except on murder, treason, large drug crimes
    
    • if this majority or unanimity is failed, a hung jury is declared which becomes a mistrial, then creating the opportunity for a retrial or the charges being dropped