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”
 http://media.theage.com.au/national/selections/judge-reprimands-badenclay-jury-5586819.html
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
 http://media.theage.com.au/national/selections/badenclay-jury-explores-key-sites-5538938.html
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)
http://www.youtube.com/watch?v=b71Vle08Ps
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 nonparole 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
http://www.youtube.com/watch?v=rGinp15WCnc
 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 http://www.youtube.com/watch?v=Mk9lN354lg
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.
 https://au.news.yahoo.com/thewest/video/watch/29078828/jury-in-rogerson-trial-
discharged/#page1 (watch)
 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” http://www.youtube.com/watch?v=Z_IiVyQhz5A
JURY EMPANELMENT
 Empanelling the jury (handout)
 http://www.supremecourt.tas.gov.au/publications/videos/jury_service (watch)
READING FROM TEXTBOOK
 Chapter 10 including strengths and weaknesses, reforms and alternatives