1. Jury System

2. ‘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

3. 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

4. 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

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

6. 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

7. 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

8. 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

9. 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

10. 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

11. 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)

12. 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.

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

14. Selection of Jurors
Video removed due to size…

15. 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

16. 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)

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

18. 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)

19. 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

20. 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

21. 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

22. Being Excused
Video removed due to size

23. 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

24. 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)

25. 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

26. 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)

27. 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

28. 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

29. 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

30. 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

31. 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)

32. 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

33. 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)

34. 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

35. 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