{ The Jury System Should it stay or should it go?

 Jurors must understand the law and how to apply it to the facts of the case. The judge assists the jurors by explaining points of law. For a guilty verdict to be returned, the jurors must unanimously agree (12 jurors all reaching the same verdict) that there is no reasonable doubt that the accused did commit this crime. If it is not possible to reach a unanimous verdict, a majority verdict (11 out of 12) will be acceptable, except in cases involving murder, treason or certain federal drug-related offences. If the jury is unable to reach a decision, a hung jury may be declared and a new trial will be ordered. The role of the jury in criminal trials

 Trial by jury is still considered the fairest way to decide the guilt or innocence of an accused person. It could be argued that there is less chance of bias against the accused because 12 ordinary men and women are deciding the fate of the accused. It is, therefore, less likely that all jurors would be prejudiced against the accused. The author of the book The pros and cons of jury trials said: ‘It is the mix of different persons with different backgrounds and psychological traits in the jury room that produces the desired results. There is both interaction among jurors and counteraction of their biases and prejudices.’

 Dominic Mick Gatto leaves the Victorian Supreme Court a free man after being acquitted by a jury of the murder of Andrew ‘Benji’ Veniamin. Gatto left the court calling out, ‘Thank God for the jury system’.

 Ronald Ryan was the last man to be hanged in Victoria in He was executed for the murder of a prison warden while he was escaping from jail. There was much media coverage at the time and Ryan's lawyer, Dr Philip Opas QC, once said, ‘I think he was convicted before the jury got into the box’.

 Lindy Chamberlain with her then husband, Michael, in Lindy was found guilty by a jury of murdering her baby at Ayers Rock in The conviction was quashed in 1988 after a judicial inquiry. The ability of the jury to assess complex forensic evidence was raised. A coronial inquest in June 2012 ruled that a dingo was responsible for the baby's death.

Advantages of juriesDisadvantages of juries A decision by one's peers is more likely to be accepted than one judge making the decision. The task is too difficult for ordinary people who need to listen to complex legal argument. Juries represent a cross-section of the community because the people who make up a jury are from different backgrounds. This diverse group will allow for a healthy exchange of views as jurors strive to reach a verdict. Juries may not represent a cross-section of the community because it is possible to be excused from jury duty and some people are considered ineligible. Ordinary people become involved in the legal system. Juries do not give reasons for their verdicts so it is difficult to tell if they arrived at their decision for the right reasons. The jury system has stood the test of time. Juries have been used for 800 years and if they were ineffective we would have abolished them by now. It may be impossible for jurors to remain completely unbiased due to media coverage of certain cases. Juries reduce the possibility of corruption because there are many jurors and not just one person deciding the verdict. Juries add to the cost of legal proceedings because the judge needs to take the time to explain matters of law and give the jury the direction they need.

 Trial by one's peers is a key component of our legal system. Having 12 citizens sit in court, listen to evidence and reach a verdict is the key to achieving a just outcome. However, jurors sometimes act outside their role. Jurors certainly acted outside their role in the case of Bilal Skaf.  Skaf and others were on trial for rape. The alleged rape took place in a dimly lit car park in Sydney's west and the identity of the rapists was an issue for the jury. Two of the jurors visited the crime scene at night to ‘check out’ lighting and visibility. The judge ruled that this was a miscarriage of justice.  The appeal court that granted the appeal and subsequent retrial suggested that more specific orders be given to jurors in the future. JURORS GO OUTSIDE THEIR ROLE

 Fill in the blanks in each of the sentences below.  There are usually __________ jurors in a criminal trial.  If the accused pleads guilty ________ jury will be used.  Jurors must decide the _______ of the case and then decide _______ _______ _______ whether the accused is guilty or not guilty.  If a jury cannot reach a verdict it is called a ___________ jury. Test your understanding

 Evaluate whether or not we should retain the jury system in Victoria Exam question