The Jury

The Jury 

 Is a trial by peers. In a civil dispute, they consider evidence, having regard to the law that is explained to them by the judge.

 Decides who is in the wrong

When is a jury used in civil trials? 

 Unlike some criminal cases, there is no automatic right to a jury in a civil trial. In particular:

◦In the Magistrates Court, and in appeal cases, there is no jury

◦In the County Court and the Supreme Court, a jury is optional.

 If any party wants a jury, they must request a jury trial and pay the fees associated.

 Judge can still order that the trial be judge alone.

 If judge requires jury, the state will pay. This is not common.

 Civil jury trials are rate, largely because of the fees and complexity of cases.

Composition of a civil trial 

 There are 6 jurors in a civil jury in the County Court and Supreme Court.

 Each randomly selected from Victorian electoral roll.

 There are rules regarding who can and cannot sit on a jury panel:

◦Some people are disqualified: people sentenced to a term of imprisonment for three or more years

◦Some people are ineligible: lawyers, judges, police officers, members of parliament.

◦Some people may ask to be excused: poor health, more than 50km away from Melbourne

 Both parties have right to challenge people on jury panel.

◦Two for no reason

◦Unlimited for good reason

Role of a civil jury 

 Consider the facts of the case and decide who is most likely to be in the wrong (balance of probabilities).

 If unanimous verdict cannot be reached than a majority verdict of 5 out of 6 will be accepted.

 May also be required to decide on amount of damages awarded.

 Not required to give reasons for decision.

 Juries are seen to ensure that justice is administered in line with community standards

 Aims to uphold impartiality.

Strengths of the jury system 

• Jurors are independent and impartial

• Jury system allows the community to be involved 

• Spreads responsibility for making the decision across several jurors

• Jurors are selected at random

Weaknesses  of the jury system 

• Jurors dont give reasons for decisions

• Not all members of the community can be a juror 

• May be bias

• Task is difficult