The Jury System Flashcards
(11 cards)
When and where are juries used in South Australia?
Juries are used in indicitable (serious) criminal cases that are heard in the District or Supreme Courts in SA.
. not common in criminal cases
. not used in any civil cases
What is a jury?
A group of 12 citizens, aged between 18 and 70+ randomly chosen from the electoral roll for the assembly.
. Juries are used in indictable (serious) criminal cases that are heated in the district or supreme courts in SA
. not used in any civil cases
What is the role of the jury?
In a trial, the jury is the determiner of fact. Its task is to listen carefully to the admissible evidence presented in court and decide which version of the facts it believes to be true.
. The jury then must deliberate and determine a verdict of either guilty or not-guilty.
. The verdict can only be based on the admissable evidence heard in trial.
. To return a verdict of guilty, the jury must be convinced ‘‘beyond a reasonable doubt’’.
. The jury does not need to be convinced of the innocence of the accused, only that a ‘reasonable doubt’ exists as to their guilt.
What does disqualified mean?
(s12 Juries Act) - the random people is sent to police commissioner who identifies the names of people disqualified.
Disqualified people:
. Currently in prison
. Served more than 2 years previously
. Any imprisonment in the last 10 years
. People awaiting trial
What does ineligibility mean?
(s13 Juries Act) - The juries act identifies people who the parliament considered should be ineligible for jury service.
. The physically and mentally unfit
. Poor graph of english
. People involved in the administration of the legal system, this includes members of parliament, members of judicial and spouses and members of police and spouses.
What does being excused mean?
(s16 Juries Act) - Having recieved a summons, a person may apply to the sheriff to be excused for reasons like:
. work commitments
. pre-planned travel
. health issues
. pregnancy
. current military service
What is a jury pool?
Once the initital list of people summonsed each month has been vetted, the remaining people are available for jury duty.
. About 200 people are required each month
What is a jury section?
The potential jurors are then divided into groups of 25 called jury sections.
. each section is required for the month and are available to be assigned to trials.
What is a peremptory challenge?
This is a challenge where the lawyer does not need to give a reason why they are rejecting juror.
. Each side has a maximum of 3 of these to use during jury empanellment.
What is a challenge for cause?
The lawyer must given an acceptable reason to the judge why the person should not serve on the jury.
. these are unlimited but are rarely successful.
What types of verdict can a jury deliver?
Unanimous - all 12 jurors agree
Majority - at least 10 jurors agree
Hung - hopelessly deadlocked
