the role of the jury
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the jury
- A jury is a group of ordinary men and women who are selected to sit in court for the duration of a trial and hear the evidence brought against the accused.
- They should have no knowledge of the facts of the case before the trial commences and must determine, beyond reasonable doubt, on the basis of the facts, whether the defendant (the accused) is guilty or not guilty.
- A jury is required in criminal cases where an indictable offence has occurred and the defendant has pleaded not guilty.
- If the defendant pleads guilty, a jury will not be used and the judge will determine the sentence.
- Juries are not used in the Magistrates’ Court but are used in the county and supreme courts.
empanelling the jury
- A criminal jury consists of 12 people who have been randomly chosen from the state’s electoral roll.
- Sometimes, however, in large trials, 15 jurors will be empanelled (formally selected) to form a jury to ensure that, at the end of the trial, there are at least 12 jurors who can return a verdict.
- When selecting a jury, both parties are allowed to challenge potential members of the jury.
- In cases that involve only one defendant, each side is given six peremptory challenges.
- A peremptory challenge means that the potential juror is not required on this particular jury and no reason need be given.
- If either party has exhausted the peremptory challenges, that party still can challenge a potential juror, but must provide the court with an adequate reason (referred to as ‘for cause’ challenges).
the role of the jury in criminal trials
- 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.
- 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.’ Further advantages and disadvantages are outlined in table
2nd June Work
Apply your understanding on page 228, questions 1-4