THE JURY SYSTEM
Chapter 12
Key knowledge related to this chapter
• the role of juries, and factors that influence their
composition
• strengths and weaknesses of the jury system
• reforms and alternatives to the jury system
Learning Objectives
• Explain the role of juries
• Outline the factors that affect their composition
• Outline the process of jury selection and empanellment
• Evaluate the effectiveness of the jury
What is a jury?
• A jury is a random selection of people from the
community- this provides parties with a trial by their peers
What is the role of the jury?
• Listen to and weigh up the evidence and arguments put
by each side, with an impartial and unbiased mind
• Listen to, and try to understand, the law as explained to
them by the judge
• Decide the facts of the case and apply the facts to the law
to see if the case has been proved to the standard of
proof
• Reach a unanimous or majority verdict, and in most civil
cases they decide the amount of damages
Test your understanding
• Which of the following is the most accurate statement of
the role of the jury?:
The jury decides the sanctions or amount of damages if the
defendant loses the trial
B. The jury decides what the facts of the case are.
C. The jury interprets the relevant law and decides which precedent
to apply.
D. The jury arrives at a verdict that creates precedent for future
cases.
A.
What factors influence the composition of
the jury?
• Juries Act 2000 (Vic) determines the stages and
procedures to be followed when selecting and
empanelling a jury
• It involves the random selection of jurors (to ensure
fairness) and mechanisms to filter out potentially biased
jurors
What is a jury pool?
• A jury pool are the people summoned for jury service
who are available to be selected for individual cases by
random ballot
How is a jury pool selected?
• A questionnaire is sent to everyone enrolled to vote for
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the House of Representatives.
If they have done something in the past that makes them
inappropriate (e.g. being in jail for more than 3 years),
they will be disqualified
If their job is too closely connected to the legal system or
if they cannot perform the task of a juror, they will be
ineligible
If they fit certain criteria for hardship or can make a valid
request, they many be excused
Anyone left will be liable for service and will receive a
date to attend court. Failure to attend may result in a fine
or imprisonment.
Test your understanding
A. Disqualified is when someone’s job is too closely connected
with the justice system (e.g. judge, police officer), or they
cannot adequately perform the task of juror (e.g. poor
English skills).
B. Ineligible is when someone has done something in the past
that makes them inappropriate for jury duty. For example,
they are an undischarged bankrupt, or have previously
served more than three years in jail.
C. Excused is when service would cause them unnecessary
hardship (e.g. they are the sole carer for a young child), or
they are entitled to be excused because they are over a
certain age.
D. Liable for service is where they have been selected for jury
duty and are given the details of the trial they will be judging.
How is a jury empanelled?
• Potential jurors may be sent to a courtroom that needs a jury
• The judge will give them information about the case such as
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key witnesses. Potential jurors can ask again to be excused.
If they are not excused and their name is picked, they are
empanelled on the jury unless one of the parties makes a
challenge against them
The parties may each make 6 peremptory challenges
(criminal cases, or 3 for civil) – no reason given
The parties may make unlimited challenges for cause – but
the judge must accept the reason
Continues until 12 (criminal) or 6 (civil) jurors are empanelled.
Evaluating the effectiveness of the jury
Strengths
Weaknesses
Encourages contemporary values in the
courtroom
Can be influenced by bias or prejudice or
open to manipulation by barristers
Encourages less legal jargon, easier for
parties & public to understand
May not understand complex evidence or
legal arguments
Regular people may experience & learn
about the legal system
May be influenced by the media, bring
assumptions or inadmissible evidence
Check on the power of the government so
they protect the people
Untrained and unqualified people making
important decisions
Using 12/6 peers spreads responsibility of
decision-making
No guarantee that jury will be true peers,
esp if accused is in the minority
Jurors represent cross-section of the
community
True cross-section not present due to
excused, ineligible, disqualified etc
Majority verdict in most cases, shows
confidence in decision & efficient
Lack of unanimous decision shows doubt,
undermines standard of proof
Deliberate in secret so are not subject to
influence or bribery
No reasons so no way of knowing whether
it was fair and correct
Verdicts may contradict the law or facts if it
is the most fair decision
Verdicts not subject to precedent, hard to
appeal so shows lack of consistency &
accountability
Test your understanding
• The jury system is flawed because jury verdicts or
calculations of damages do not form or follow precedent,
so decisions may be unpredictable and inconsistent.
• Select the statement that best provides a logical response
to this weakness:
• A. The flexibility that the jury has in relation to its verdict is
enhanced by the fact that jurors will find out more evidence from
the media than what will be presented to them in trial
• B. The flexibility that each jury has in relation to its verdict and
calculation of damages means that juries can take into account the
specific circumstances of the case and the changing values of the
community
• C. The presence of the jury encourages lawyers and expert
witnesses to use less legal jargon
Improvements and alternatives to the jury
system
• Future reforms include:
• Appoint a specialist foreperson such as a lawyer, ex-judge or
expert in the field to advise the jury in complex cases
• Make the jury give written reasons for their decision, showing they
understand the law and evidence
• Allow the jury to return a ‘not proven’ verdict that would delay the
trial to gather more evidence
• Alternatives include:
• Replace the jury with a panel of judges
• Replace the lay-person jury with a professional jury of people
trained by the state to be jurors.
• Have very complex cases heard by professionals in the field. For
example, medical negligence cases heard by a panel of doctors.
HOMEWORK
• Due Friday
• Read and summarise Chapter 12 – the jury
Next lesson
• Practice SAC