Chapter 10- Jury

Question 1

Challenge for Cause

Answer 1

A challenge of a prospective juror before a trial begins, a legitimate reason must be given to the court.

Question 2

Disqualified Jurors

Answer 2

People who are prohibited from being on a jury because of something they have done in the past that makes them not suitable. E.g can be having a criminal record.

Question 3

Excused Jurors

Answer 3

People who have been granted permission to not attend jury service by the Juries Commissioner

Question 4

Foreperson

Answer 4

A member of a jury who has been elected by the other members of that jury as the spokesperson for the jury

Question 5

Hung jury

Answer 5

A jury that cannot reach a verdict

Question 6

Ineligible jurors:

Answer 6

people who are not eligible for jury service because of their inability to comprehend a task or because of their occupation, such as Lawyers, Police officers etc

Question 7

Jury:

Answer 7

An independent group of people summoned to a court and empanelled to decide on the evidence in a case and reach a verdict

Question 8

Majority Verdict:

Answer 8

A majority verdict in criminal cases is 11 out of 12 jurors. A majority verdict in civil cases is 5 out of 6

Question 9

Peremptory Challenge:

Answer 9

A challenge of a prospective juror before a trial begins, no reason needs to be given.

Question 10

Unanimous Verdict:

Answer 10

A verdict of all the jury

Question 11

Role of the Jury:

Answer 11

Be the decider of the facts of the case, they make a decision on which facts they believe to be true.
Also need to:
Listen to all evidence, understand all evidence, form an opinion on which party is right, or whether the accused is guilty or not guilty.

Question 12

Advantage for Reason to be given for the decision:

Answer 12

• Jurors would be more likely to follow the law if they had to give a reason for their decision.
• the parties would know whether the law was followed
• the accused would know whether the reasons were reasonable.
• juries may be less likely to discriminate against the accused on inappropriate grounds

Question 13

Disadvantages for reason to be given for the Decision:

Answer 13

• Juries would have to make decisions that strictly follow the law rather than be free to make decisions in line with community thinking.
• could result in more appeals because the reasons given may seem unreasonable.

Question 14

Criminal Trial:

Answer 14

• Decision by the jury must be beyond reasonable doubt
• jury must try and reach a unanimous verdict, but if that is not possible after six hours, a majority verdict can be accepted.

Question 15

Civil Trial:

Answer 15

• Jury must make a decision on the balance of probabilities; that is which party is most in the right and which party is most in the wrong.
• Decision can be majority decision (5/6) if they are unable to reach a unanimous decision after at least three hours of deliberation.
• Jury also has to decide on the amount of damages to be paid to the plaintiff if the plaintiff is successful and damages are sought.

Question 16

Disqualified Person:

Answer 16

• person who has been convicted of one of more indictable offences within the last 10 years for a sentence for 3 years or more.
• person who has declared bankruptcy and is currently bankrupt.

Question 17

Ineligible:

Answer 17

Person who is or, within the last 10 years, has been:
- A Public Servant (Police Officer etc)
- member of Parliament
- magistrate or judge
They are deemed ineligible because of their occupation