JURY SYSTEM LEGAL STUDIES 3C

JURY SYSTEM  True or false

JURY SYSTEM  Jury acts as an independent/unbiased decision-maker.  Read “Terror plotters appeal against 'unreasonable' jury”  Read “Jury discharged in fatal hit-run case”  The jury is the decider of the facts. It makes a decision about which facts it believes to be true.  The jury must apply the facts to the law as explained by the judge.  The judges makes decisions on points of law.

JURY SYSTEM  The jury does not give a reason for its decision.  Jurors are required to consider only the evidence that is presented to them in the courtroom when making their decision.  Jurors can ask the judge questions and request information, but they are not permitted to undertake any investigations of their own in relation to the case.  Read “Jury sleuths should not face court” 

JURY SYSTEM  Jury Act 2003 (Tas)  A jury is not used in the Magistrates Court, in appeal cases or when the accused pleads guilty  Trial by judge: if the prosecution and the accused agree, a judge sitting alone can hear the trial without a jury (if in the interests of justice to do so).  Read Daniel Christie article

JURY SYSTEM  The role of the jury in both civil and criminal trials:  Listen to all evidence, understand and remember it  Not lose concentration and make sense of the evidence  Understand points of law explained by the judge  Put aside any prejudices or preconceived ideas  Form an opinion on which party is in the right or whether the accused is guilty or not guilty  Make a decision on the facts of the case 

JURY SYSTEM - CRIMINAL  Criminal trial – 12 people on the jury – 2 reserve jurors for lengthy trials  Find accused guilty or not guilty, or guilty of a lesser crime (ie: not guilty of murder but guilty of manslaughter) 08Ps 08Ps Brodie Leigh Price A GRIEVING father was dumbstruck and a judge struggled to understand how a jury arrived at a manslaughter verdict over the killing of Jason McPherson. Brodie Leigh Price, 20, of Lenah Valley, has been sentenced to eight years’ jail, with a minimum non- parole period of four years, for the shooting death of Mr McPherson in a Kingston backyard last year. Earlier a jury found Price not guilty of murder, but guilty of an alternative charge of manslaughter, by a majority verdict. In his sentencing remarks Justice Stephen Estcourt said: “It is difficult to understand in the circumstances of this case how the jury could pass over a verdict of murder... and yet arrive at a verdict of manslaughter.”

JURY SYSTEM - CRIMINAL  Decision must be beyond reasonable doubt  Must reach a unanimous verdict (all members of the jury agree)  If not possible, a majority verdict (11 out of 12) can be accepted except in cases of murder, treason, trafficking or cultivating drugs, or Commonwealth offences 354lghttp:// 354lg

JURY SYSTEM - CRIMINAL  If the jury finds the accused guilty, the judge will pass sentence  If jury is unable to reach a verdict, it is said to be a hung jury. A new trial, with a new jury, will usually be conducted.  Read “Bree Stanford death: Hung jury in dangerous driving case”  Judge can direct the jury to acquit the accused.  Judge can discharge a jury at any stage of the trial.  discharged/#page1 (watch) discharged/#page1  Read “'New material' sees jury discharged in Lin family murder trial”

JURY SYSTEM - CIVIL  7 people on the jury (in Tasmania) with up to 2 reserve jurors for a lengthy trials  Make a decision on balance of probabilities  Find for either the plaintiff or defendant  Decision is a unanimous decision. If not possible, a majority decision (6 out of 7)  Jury decides on the amount of damages to be paid to the plaintiff if plaintiff is successful

JURY SYSTEM - CIVIL  Juries are optional in civil trials  Most civil cases are heard in the Magistrates Court

AUTHORITIES FOR TRIAL BY JURY  Section 80 Australian Constitution provides for trial by jury in respect of an indictable offence against Commonwealth laws  Section 361 Criminal Code Act 1924 (Tas) provides for trial by jury in respect of an indictable offence against state of Tasmania  Section 29, 30, 31 Supreme Court Civil Procedures Act 1932 (Tas) and Rules s56 and s57 of Supreme Court Rules 2000 provide for trial at a civil sitting

JURY EMPANELMENT  Who is eligible?  Every person enrolled on State electoral roll and resides in a gazetted jury district  Who is not eligible?  People who are mentally or physically unfit to carry out the duties of a juror (e.g.; hearing loss or other medical conditions)  (Read Queensland deaf campaigner article)  People who cannot understand or speak English

JURY EMPANELMENT  Who is disqualified?  Police, practicing lawyers, anyone connected with investigation of crime, administration of justice or punishment of offenders.  Convicted of a crime or crimes in Tasmania or elsewhere and have been sentenced to a three or more year imprisonment or detention.  Persons in prison, undergoing a suspended prison sentence, doing community service orders or on parole  Watch “Disqualified from Jury Service”

JURY EMPANELMENT  Empanelling the jury (handout)  (watch)

READING FROM TEXTBOOK  Chapter 10 including strengths and weaknesses, reforms and alternatives