Yr 11 Legal Studies Unit 1 AOS 3

A Jury

A system of judgment by ones peers who are unbiased and independent of the case.

Role of the Jury

The role of the jury is to listen to all the evidence, piece the evidence together and form a judgment.

Juries are not used in the Magistrates court

Criminal Jury

12 jurors (up to 15 can be empanelled)

Standard of Proof:

Beyond Reasonable Doubt

A unanimous decision in a murder case. A majority verdict can be used in any other case.

Juries are compulsory in criminal cases in the County and Supreme Courts

Civil Jury

6 jurors (up to 8 can be empanelled)

Standard of Proof:

Balance of Probabilities

A majority verdict is suitable

Juries are optional

Role of the Judge

To ensure that the rules of evidence are being followed

To ensure that Court procedures are being followed

To clarify any questions the jury may have

To determine the sanction in a criminal case

Jury Selection Process

Selection of potential jurors is based on the electoral roll. You are randomly selected from this roll and sent out a questionnaire to assess eligibility.

If you are determined eligible you are sent a summons.

On the specified day and time stated in the summons you are required to attend court and you form part of the jury pool.

From this pool jurors are selected

All potential jurors hear a brief outline of the case and are required to announce their full name, address and occupation to the court.

If a juror is not challenged and has no connection to the parties involved in the case or a connection to a similar case they are empanelled.

Challenges

Parties can challenge Jurors during the selection process this means that they can request that a person not sit on the jury.

In a criminal case parties can challenge:

6 jurors without reason (peremptory challenge)

Unlimited with reason

If two people are arraigned parties can challenge:

5 jurors without reason (peremptory challenge)

Unlimited with reason

In a civil case parties can challenge:

3 jurors without reason (peremptory challenge)

Unlimited with reason

Ineligible

An individual may be deemed ineligible because of their occupation or inability to understand a task.

For example:

Legal Professionals Legal Practitioners

Judges,

Intellectually Disabled Deaf/Blind,

If your English is poor

Disqualified

You are deemed to be disqualified if:

You have spent 3 years in jail

3 months imprisonment in the last 5 years

Serving a Community Based Order

On Bail or in Remand

Excused for Good Reason

Advanced age

Pregnant

Primary Care Giver

Self Employed

Poor Health

Advantages of the Jury System

It provides a system of a trial by peers

It provides an opportunity for the general community to be involved

It reflects community values

It spreads the responsibility of the decision over more shoulders

Disadvantages of the Jury System

It is not a true cross section of the community

It is difficult to understand complicated evidence

Jurors maybe influenced by the media

Jurors may have a personal bias

Fairness

there should be fair legal processes and a fair hearing. Sanctions for crimes should reflect what society expects for such an offence.

Equity

all persons should be treated alike, regardless of status, race, religion, sex or culture. While sanctions should also not differ based on these factors, different sanctions could be imposed on different people based on other factors, such as prior convictions or level of remorse.

Access

parties should understand their rights and have the opportunity to use institutions, processes and systems used for criminal cases. For example, those given the sanction of imprisonment should be able to access counselling and education services whilst in prison.

Warrant

A warrant is a document stating that a person must be arrested and brought before a court. However, it is more common for a suspect to be arrested without a warrant

Bail

Bail is the release from custody of a person accused of a crime and awaiting trial.

Conditions can be specified and a surety may be required.

Remand

Remand entails being held in custody whilst awaiting trial, during a trial or awaiting sentencing. Children on remand may be sent to a youth justice centre, but cannot be held on remand for longer than 21 days

Committal Hearing

A committal hearing is held within the Magistrates court with the aim to assess whether a Prima Facie case exists, that is whether the evidence presented by the prosecution is of sufficient weight to support a conviction by a jury at trial.

Prima Facie

sufficient evidence to support a conviction by a jury at trial.

Purpose of Sanctions

Punish

Deter

Rehabilitate

Protect

Denunciation

Aggravating factors

information that can increase a sentence

Mitigating Fators

informtion that can decrease a sentence