The roles of the jury

Question 1

When may juries be used in civil cases

Answer 1

• The plaintiff or defendant can specify in the pleadings stage that they wish to have the proceeding tried by a jury, but the court can still direct that the trial be without a jury if it decides a jury is not required.
• The court may order that a proceeding be tried with a jury

Question 2

Roles of the jury

Answer 2

Be objective
Listen to and remember the evidence
Understand directions and summing up
Decide on liability, and if needed, damages

Question 3

Strengths of Juries

Answer 3

• Jury members are randomly picked, have no connection to the parties and make a decision based on facts, not on biases
• It allows members of the jury to participate in the civil justice system processes and ensures that justice is ‘seen to be done’.
• Collective decision-making can reduce the possibility of bias as personal biases can be identified during the deliberation process and be addressed by the group.
• Juries represent a cross-section of the community. Made up of a diverse group of people, leading to the decision reflecting the views and values of society

Question 4

Weaknesses of Juries

Answer 4

• Jury members may have unconscious biases or prejudices, and they do not give reasons for decisions, meaning there is no way of knowing if bias played a role in the decision-making process
• Civil trials can be complex, meaning the juries may not be able to understand the legal principles involved
• Jury trials may result in delays, as jurors take time to deliberate
• A number of people cannot participate in a jury because they are ineligible, excused or disqualified. Meaning a large section of the community is not represented.