Juries and the Criminal Justice System

Juries and the Criminal Justice System

Role of Psychology

• Psychology contributes to understanding the behavior of juries within the trial process.

Right to a Jury in New Zealand

• New Zealand Bill of Rights Act 1990: Guarantees the right to elect a jury.
• Criminal Charges:
  • A person can elect a jury if the potential sentence for the crime is two or more years.
• Civil Cases:
  • Right to elect a jury if the potential penalty is more than 30,000.
  • Less than 30,000: Cases go to a tribunal.
  • Between 30,000 and 350,000: Cases go to the District Court.
  • More than 350,000: Cases go to the High Court.

Juries Act

• Details the composition and function of juries.
• Jury Size:
  • 12 members.
• Non-Unanimous Verdicts:
  • Criminal charges: 11 to 1 verdict is acceptable.
  • Civil charges: Three-quarters majority is acceptable.

Jury Selection

• Based on the electoral roll to be representative.
• Eligibility:
  • Cannot be a member of the government.
  • Cannot be a criminal.
• Purpose:
  • To ensure representation of peers.
  • To maintain impartiality (neutral, fair, and unbiased).
  • Focus on evidence and specific questions from the court.

Jury Selection Process in New Zealand

• Pretrial Ballot:
  • Drawn from the electoral roll.
• Jury Ballot:
  • Selection from a larger pool.
• Challenges:
  • Reasons for exclusion:
    • Not qualified.
    • Biased.
• Vetting and Swearing In:
  • After passing the challenge stage, jurors are vetted and sworn in.

Cross-National Comparison

• New Zealand: Limited room for challenges.
• United States: Flexible challenge process.
  • Perceived bias can be a reason for challenges.
  • Flexibility in justifying challenges.