the jury system Flashcards
what is the role of the jury?
the role of the jury is to reach a verdict based on admissible evidence and to represent community beliefs and values.
when are juries used in South Australia?
juries are only used for indictable criminal trials and only if desired by the accused.
explain the difference between compilation and empanelment.
compilation is where a list of eligible jurors for a particular month is compiled by the jury manager.
empanelment is the process of selecting the 12-15 member panel of the jury for a particular case.
compilation (step 1)
a random list of 3000-6000 names is generated from the Electoral Roll.
compilation (step 2)
the names of disqualified people are removed from the list, typically those who have a serious and recent criminal background.
compilation (step 3)
the jury manager sends a summons to 400 people whose names remain on the list, then giving them an opportunity to state if they are ineligible or if they have grounds to be excused.
what is ineligibility criteria?
- mentally or physically unfit
- not over the age of 18
- lack of knowledge of the english language
- directly involved or related to the legal process (ie, governors, judges, police, lawyers)
what does it mean to be excused?
to defer your service to a more convenient time as a result of business, health, pregnancy or travel.
compilation (step 4)
prospective jurors on the compiled list are required to attend an induction session and they are then split into jury pools of 25.
explain the empanelment process.
jury pool is brought into court and the accused is arraigned.
inquiry into bias - if you know anyone related to the case you must asked to be excused.
the clerk randomly draws jurors’ numbers from a box until 12 jurors have been empanelled without having been challenged.
what is a peremptory challenge?
a challenge without cause - only 3 are allowed on behalf of each party in SA.
what is a challenge for cause?
a challenge with a reason, party’s have an unlimited amount of these, however, they are usually rejected by the judge. Otherwise parties would be allowed to hand select the jury to their benefit.
what is a unanimous verdict?
12/12 jurors agree, must be the case in a murder trial.
what is a majority verdict?
10/12 or 11/12 jurors agree, for crimes other than murder and cannot be reached within the first four hours of deliberation.
what is a hung jury?
juror cannot reach a verdict, this leads to a mistrial.
