Jury System

‘a right to be tried by members of your own community’ Role of the Jury Trial by peers ‘a right to be tried by members of your own community’ Opportunity for the community to participate in the legal process Jury does not give a reason for its decision – so they can judge according to their conscience

Independent decision makers Role of the Jury Independent decision makers Juries are used for all criminal trials and some civil trials (when requested by one of the parties) in the Supreme and County courts Decides the facts – makes a decision as to which facts it believes to be true

Juries perform the following duties: Role of the Jury Juries perform the following duties: Listen to all the evidence presented by both parties Consider the evidence The jury makes their decision (verdict) on the basis of evidence they hear or see in court

Jury versus Judge The Jury is the judge of the facts The Judge is the judge of the law

Role of the Jury Listen to the evidence Understand all the evidence Not lose concentration Remember the evidence Make sense of the evidence Understand points of law Put aside prejudices Form an opinion on which party is right Take part in deliberations in the jury room Make a decision on the facts of the case

Criminal Trials Jury make decision beyond reasonable doubt Criminal juries have 12 jurors Serious indictable offences All criminal trial heard in the County or Supreme in their original jurisdiction must be heard by a jury If the accused pleads guilty there is no need for a jury

Criminal Trials First try to reach a unanimous verdict (12/12) If not possible after 6 hours a majority verdict (11/12) can be accepted in cases other than murder, treason, trafficking or cultivating commercial quantities of drugs or commonwealth offences

Criminal Trials Judge can direct the jury to acquit – if they believe the evidence does not support a conviction (jury does not have to follow this) Jury can find a defendant not guilty of one offence, but guilty of a lesser offence Eg/ not guilty to murder, but guilty to manslaughter

Criminal Trials Juries are only involved in the trial procedure They are not involved in Pre-trial (investigation, committal, directions) Post-trial (sentencing) procedures Hearings Appeals

Civil Trials Jury must decide on the balance on probabilities Civil juries are optional and consist of 6 jurors Civil jurors decide which party is probably in the right and amount of damages Decision can be a majority (5/6)

Civil trials Victoria is the only state to retain civil juries Only 2% of cases are heard before a jury: this is due to the large amount of cases heard in the Magistrate’s Court, the amount of people who plead guilty to their charge, the vast majority of civil cases that are settled out of court and the optional nature of civil juries.

Civil Trials Again juries are only used during the trial and remedy procedures They are not used for Pre-trial procedures Hearings Appeals

Selection of Jurors Video removed due to size…

Selection of Jurors All registered voters may be called for jury duty The electoral commission randomly selects the required number of people from the electoral roll The list of perspective people is sent to the juries commissioner

Selection of Jurors Juries commissioner sends a questionnaire to each person on the list Designed to see whether each person is qualified to serve on a jury and see if there is any reason why they should not serve on a jury It is an offence not to answer and return the questionnaire within seven days (30 penalty units fine)

Selection of Jurors Juries commission checks questionnaires to determine whether each person is Liable for jury service Disqualified Ineligible Excused for good reason

Selection of Jurors Juries commissioner will summons people who are liable at least 10 days before they are expected to appear in court If a person is liable for jury service it is an offence not to attend (30 unit fine or 3 months imprisonment)

Composition of Juries Disqualified Some people are disqualified because of something they did in the past which makes then unsuitable People with a criminal record Bankrupt Seen as unreliable and potentially biased

Composition of Juries Ineligible Some people are ineligible because of their occupation or inability to comprehend the task Employed in legal profession Cannot read or understand English Visually impaired, deaf Intellectually disabled

Composition of Juries Excused Some people can apply to the juries commissioner to be excused from jury service Juries commissioner will excuse a person if satisfied that there is a good reason Illness Incapacity Distance to travel is excessive (50km in Melbourne) Substantial hardship would be caused Substantial inconvenience would be caused Care of dependents Advanced age Religious beliefs Matters of special urgency

Being Excused Video removed due to size

Attending Jury Service Prospective jurors must be present at the required time in the jury pool room They are sorted as to their availability for particular lengths of trial Employers must release a person selected for jury service Jurors are paid $37 per day (up to 6 days) $74 (6 days – 12 months) $144 (over 12 months) Juror’s employer must pay the difference

Empanelling the Jury A court official will send a number of prospective jurors to a particular courtroom If a juror is not selected they return to the jury pool room Once a jury panel has been selected they are informed of the case to be tried – the court may excuse a person if they are satisfied the person is unable to consider the case impartially (eg/they know someone involved)

Empanelling the Jury Both parties may challenge potential jurors if they feel they would be unsuitable for their case Jurors name and occupations are called one by one They walk from the door to the jury box – once they are inside the jury box they are a juror for the case

Empanelling a Jury Either party can challenge a potential juror Challenge must be made before they reach the jury box Each party has a certain number of challenges without a reason (peremptory challenge) Based on an assumption that they might not decide favourably towards their party Each party has unlimited challenges with a reason (for cause challenges)

Empanelling the Jury Civil Cases 6 jurors are required, but 2 extras may be empanelled if the trial is likely to be long If at the end of the trial 8 jurors remain a ballot will decide which two are excluded Party requiring the jury should pay the fee

Challenges for a Civil Jury Empanelling the Jury Challenges for a Civil Jury The judge’s associate draws 12 names at random They then hand the list to the plaintiff’s solicitor who may cross off three names The list is then given to the defendant's solicitor who may also cross off three names The remaining 6 names on the list are then called into the jury box

Empanelling the Jury Criminal Cases 12 jurors are required, but 3 extras may be empanelled if the trial is likely to be long If at the end of the trial more than 12 jurors remain a ballot will decide which are excluded

Challenges in Criminal Cases Empanelling the Jury Challenges in Criminal Cases The defendant is allowed 6 peremptory challenges The prosecution is allowed to stand aside 6 potential jurors Both have the right to unlimited for cause challenges This changes depending on the amount of accused persons – see diagrams on page 501 for more detail

Empanelling the Jury The judge’s associate reads out the charges to the accused who says guilty or not guilty If pleading not guilty the associate draws from a ballot box a card containing a juror’s name or number and occupation That person walks in front of the accused person towards the jury box They may be challenged or asked to stand aside (they then return to their seat)

Empanelling the Jury Once a jury of 12 is empanelled (seated in the jury box without having been challenged or set aside) a foreperson is selected to act as a spokesman for the jury Foreperson will Ask the judge questions Deliver the verdict Responsible for the conduct of the deliberations

Majority Verdicts Majority verdicts have been introduced to improve the efficiency of trials In civil cases a majority verdict may be accepted after 3 hours In criminal cases a majority verdict may be accepted after 6 hours (except in cases of murder, treason etc)

Majority Verdicts During deliberations jurors must stay together (this can mean overnight) If a jury cannot reach a verdict it is said to be a hung jury If there is a hung jury the case may the tried again

Privacy of Jurors The names of jurors cannot be published Jury members cannot publish any of the following made during deliberations Statements made Opinions expressed Arguments Votes Penalty is 600 unit fine or 5 years imprisonment