VCE Legal Studies Unit 1 Area of Study 3

Flashcards covering key vocabulary and concepts related to juries in the VCE Legal Studies Unit 1 curriculum.

Jury

A group of men and women who are randomly selected from the community, who decide questions of fact and return a verdict in order to give the defendant a trial by peers.

Role of the jury

To return a verdict, based on the evidence that is provided at trial. Jurors are judges of the facts.

Juror responsibilities

Listen to the evidence presented and remain unbiased and objective, follow instructions that are given to them by the presiding judge, and deliver a verdict by determining if the standard of proof has been met.

Use of juries in criminal trials

Used for all criminal indictable offences in the County and Supreme Court, where the defendant pleads ‘not guilty.’

Use of juries in civil trials

Can also be used in civil trial, however, these are optional – one party may request a jury.

Jury size

12 in a criminal trial and 6 in a civil trial.

Unanimous Verdict

Where all jurors agree (e.g. 12/12).

When is a unanimous verdict required?

Required in most cases, especially in murder, treason trials.

Majority Verdict

Where all but one juror agree (e.g. 5/6).

When is a majority verdict accepted?

Accepted for all civil cases and some criminal cases (i.e. 11/12) – after the jury has deliberated for at least six hours.

Hung Jury

Where juror votes are split and a legal verdict cannot be reached.

Jury empanelment process

The process through which people are found from the community to perform jury duty.

Requirements for Jury Duty

18+, an Australian citizen and registered to vote.

Eligible Jurors

People who can serve on a jury and can go through to the next stage. 18+, Australian citizen, registered to vote.

Ineligible Jurors

People who cannot serve on a jury because they are too closely involved with the legal process (e.g. judge, lawyer)

Disqualified Jurors

People who are considered unsuitable for jury duty due to something that they have done in the past, such as been imprisoned

Excused Jurors

People who have a valid reason as to why they cannot serve on a jury, such as living too far away from the courts

Challenges

Challenges that parties can use against potential jurors they don’t want on their case.

Peremptory challenges

When the parties do not need to give a reason and the judge cannot refuse this decision.

Challenge for cause

When the party does need to provide a legitimate reason and the judge will determine if the reason is valid.