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

Question 18

Excused Person:

Answer 18

person can be excused for the following reasons:

• Illness or poor health
• Distance to travel to the place
• Financial hardship
• Age of the Person

Question 19

Role of the Foreperson

Answer 19

• Ensure each juror has an opportunity to have their say.

- Will ask the judge questions and deliver the verdict.

Question 20

Jury Documents

Answer 20

Documents include:

• The Indictment
• The summary of the prosecution opening
• Response of the accused
• Statement of facts

Question 21

Strengths of the Jury System:

Answer 21

1. Comprises a Cross-Section of People: trial by jury represents trial by one’s peers. Jury is made up of average men and women. They are a cross-section of the community, who are not superior to the person on trial.

Question 22

Strengths of the Jury:

Answer 22

2. Involves the General Community: person who serves on a jury is able to participate in the legal system and see the legal system in operation. Helps members develop their knowledge of how the system works.

Question 23

Strengths of the Jury:

Answer 23

3. Safeguards against misuse of power: judge has a lot of power in the courtroom. With a jury present, it removes any opportunity for the state to make bias decisions.

Question 24

Weakness of the Jury System:

Answer 24

1. Not a true cross-section of the community: is not a true cross-section because some members are ineligible, disqualified or excused, and each side has challenges to try to achieve a jury that they think may favour their side.

Question 25

Weakness of the Jury System:

Answer 25

2. Difficult Task: Jury is expected to collate, remember, analyse and interpret the facts of the case and to follow the instructions of the judge, as well as being unbiased and unemotional.

Question 26

Weakness of the Jury:

Answer 26

3. Concentration for Long Periods: jurors are expected to concentrate for long periods of time, and no one can really know whether to the jurors actually understood the evidence brought before them. Case Study: in a NSW drug trial of Andrew Dane Lonsdale and Kane Holland, costing $1 Million, the case was aborted because it was discovered some jurors were playing Sudoku whilst listening to evidence.

Question 27

Reforms to the Jury System:

Answer 27

• Majority Verdicts: have been introduced in criminal cases (except murder so on), only used if a unanimous verdict has not been reached in 6 hours.
• Jurors not allowed to make their own enquiries: Juror must not make an enquiry for the purpose of obtaining information about a party to the trial or any matter relevant to the trial.

Question 28

Suggested Reforms:

Answer 28

1. Require Juries to give reasons: could make the accused in a criminal trial and parties in a civil case understand why the jury have decided on the way they have.
2. Make Juries more representative: Reducing the number of peremptory challenges and removing the right to be excused as a right.
3. Have a specialist Foreperson: Could inform the jury on the relevant law and court procedure, which could assist them in reaching the right decision.

Question 29

Possible Alternatives to Trial by Jury:

Answer 29

1. A Judge alone or Panel of 3 Judges: Would be able to make a decision based on the law with a thorough understanding of the law. judge would also understand legal procedures and processes. Decision might therefore be right. However, they may form biases.

Question 30

Possible Alternatives to Trial by Jury:

Answer 30

2. Specialist Jurors: specialist jury would have no problem in understanding complicated evidence. However, it would be difficult to find a group of specialists who would be prepared to give up their professional life to sit on a jury.

Question 31

Entitlement to a Fair and Unbiased Hearing:

Answer 31

• Processes and Procedures:
• random nature of jury selection
• removing potentially biased jurors at selection stage
• Problems and Difficulties:
• jury could be influenced by media, and could have difficulty in understanding complicated evidence.

Question 32

Effective Access to the Legal System:

Answer 32

• Processes and Procedures:
• jury provides the general public with a chance to be involved in legal processes
• Problems and Difficulties:
• use of jury is optional in a civil trial, can be expensive

Question 33

Timely Resolution of Disputes:

Answer 33

• Processes and Procedures:
• speedy completion of a case frees up the courts for other cases
• Problems and Difficulties:
• empanelment process can often take hours or even days

Question 34

Jury Directions Act 2015 (Vic.)

Answer 34

• Judges should avoid technical legal language

- should only direct the jury on points of law that the jury needs to know.