7.6 The Jury

jury direction

instructions given by a judge to a jury either during or at the end of the trial

remand

the situtation where an accused is kept in custody until their trial can take place

unanimous verdict

decision where all jury members are in agreement and decide the same way

majority verdict

decision where all but one jury member agree

in criminal trials this is 11/12 members

when are criminal juries used

• used in original jurisdiction of county court and the supreme court

• never used in Magistrates’ Court or appeals

• not used when offender has pleaded guilty

in criminal trial, jury must..

• listen to all evidence

• piece together evidence and decide whether the accused is guilty or not

composition of criminal jury

jury of 12 is compulsory in criminal cases heard in county/ supreme court

who can be on the jury

individuals over 18 who are enrolled to vote in Victoria and are qualified/ liable to jury service

when are people disqualified from jury service

if they have been imprisoned for 3 or more years, currently on bail or on remand, or have been decalred bankrupt and remain bankrupt

when are people ineligible from jury service

due to their occupation (e.g. lawyers, judges, police officers) or because they cannot communicate in or understand english adequately, or have a physcial disability that deems them incapable of jury service

when are people excused from jury service

difficult circumstances (i.e. poor health or advanced age)

in criminal cases, jury must try to reach a

unanimous verdict

if unanimous verdict is not possible

majority can be accepted except some offences (murder)

if majority cannot be reached

there is a hung jury - means the accused is not guilty or not guilty and can be tried again at a later date

strengths of the jury in criminal cases

• jurors are independent and impartial- are independent from the legal and political system- ensures the fairness and equality in their decisions

• jury system allows the community to be involved in the justice system this increases the confidence that the community has in the system ensures the verdict reflects the values of the community

• ensures fariness by requiring the jury to deliberate based on the evidence and facts, and not their own independent research or investigations

• the jury system spreads the responsibility for making a decision- ensures the decision is fair and correct than if it was made by one person

• jury system reflects community values and brings a common-sense approach to decison-making by the court

weaknesses of the jury in criminal cases

• jurors do not give evidence for their decision, and deliberations occur behind closed doors- some may questions whether the decision has been made based on facts and the evidence

• has been questioned whether normal members of the public are able to undersand the evidence and come to the right decision

• jury trial may result in delays because some legal terms have to be explained to the jury and the judge must give them directions

• jurors may have biases that may play a role in their deliberations, even if they are not aware of their biases

• not all community members are able to be part of the jury because they may be disqualified or ineligible or excused