Jury System

Jury system: definition

Trial by jury is a method of trial whereby an independent body of peers hears evidence in a legal dispute and gives a verdict on the basis of that evidence.

Criminal Law

Composition and Empanelling of a Jury

Jury System

Potential jurors are chosen at random from the electoral roll and sent a questionnaire.
The questionnaire determines eligibility:

ineligible: judges, magistrates, police officers;

disqualified: convicted of a serious offence, imprisoned for more than 5 years;

right to be excused: teachers, people over 65 years of age, pilots. (If the suggested reforms to the jury system take place, teachers will not be excused as of right).

If eligible, jurors attend court for minimum of three days.

Jurors are selected from the jury pool by being called at random from a ballot box by the judge's associate.

The potential juror named proceeds towards the jury box whereupon they may be challenged prior to taking their seat.

Challenges may be made to a potential juror: in criminal cases, an accused has six peremptory challenges (where no reason for challenge is stated), and unlimited 'for cause' challenges (where a reason is stated).

Role of a jury

Unanimous and majority verdicts in criminal cases

Empanelling a jury

To attend court as required.
To listen to, remember, collate and analyse the evidence presented in court.
To abide by a judge's directions on the law.
To determine questions of fact.
To hear indictable criminal offences.
To deliberate over a verdict but not give reasons for a verdict.
To be satisfied 'beyond reasonable doubt' in a criminal case of its verdict.
To be satisfied 'on the balance of probabilities' in a civil case of its verdict.
To give a unanimous verdict in a criminal case involving murder (12/12), whilst majority verdicts are accepted in non-murder criminal cases (11/12). (This could change under suggested reforms.
To return a unanimous verdict in a civil case if possible (6/6), whilst majority verdicts (5/6) are acceptable if this is not possible.
To assess damages in civil cases.

Strengths of jury system

Represents trial by one's peers in serious matters.
Verdicts are more likely to be accepted in the legal system and society.
Assists the presentation of evidence in court being simple and more easily understood.
Represents public values.
History: jury has stood the test of time as a means of adjudication in court cases.
Provides protection for citizens' rights against misuse by governments and their agencies.

Problems of jury system

Inability to understand complex trials.
Reasons for verdicts are not given.
Adds to cost and length of court hearings.
Media influence on jury deliberations can produce unjust outcomes.
Exemption categories are too broad to represent cross-section of the public.

Alternatives to the jury system

Trial by judge alone.
Trial by a panel of judges.
Trial by a mixed of judges and laypersons.

Jury System

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