12.8 The Jury

jury

an independent group of people chosen at random to determine questions of fact in a trial and reach a decision (i.e. a verdict)

when is the jury used in civil cases

• no automatic right to a jury in a civil trial

• in the Magistrates’ Court and appeal case, there is no jury

• in the County Court and Supreme, jury is optional

• party who has requested a jury trial must pay the fees associated with having a jury

composition of a jury

• 6 jurors selected at random from the Victorial Electoral Roll

• role of civil jury is to consider the facts of the case and to decide who is most likely to be in the wrong

• if a unanimous verdict can’t be reached, a majority verdict is accepted

role of the jury

• may be required to decide on the amount of damages to be awarded except in defamation

• jurors are not required to give reason for their decision

• jurors are seen to ensure justice is administrated in line with community standard

• aims to uphold equality and impartiality

strengths of a jury

• independent and impartial

• allows the community to be involved in the legal system and the administration of justice

• spread the responsibility for making a decision across multiple jurors

• selected at random

• verdicts reflect community standards

weaknesses of a jury

• do not give reasons for their decisions and deliberations occur behind closed doors

• not all members of the community can be on the jury

• may be biased during deliberations

• may be easily influenced by skilled lawyers or emotional elements of the trial

• may conduct their own research illegally

• may result in delays becasue legal terms have to be explained and directed by the judge