2. JURY DEFINED
Group of ordinary men and women who are selected to sit
in court for the duration of a trial and hear evidence
bought against the accused.
Should have no prior knowledge of the case.
Must determine, beyond reasonable doubt, on the basis of
facts, whether the defendant (the accused) is ‘guilty’ or ‘not
guilty’.
Jury required in cases that involve indictable offences and
the defendant has pleaded not guilty.
A jury is a selection of ordinary people
entrusted to return a verdict on the basis of
facts
Monday, 27 May 13
3. JURY DUTY
Civic responsibility - on electrol roll
Trial by one’s peers is thought to be the fairest way to decide a case. Juries
are said to reflect community values, therefore their decisions may be more
easily accepted than if one person was deciding alone.
Potential jurors may be ineligible, disqualified or excused from jury duty for
good reason.
Ineligible - medical/physical reason can not participate
Disqualified - prior knowledge of case
Excused - on-going commitment i.e. work, family
Monday, 27 May 13
4. EMPANELLING THE JURY
Process of selecting a jury.
Both parties (prosecution and defence) are entitled to refuse or challenge
a potential jury member.
12 members, 15 if it is expected to be a long trial, however only 12 will
decide guilt
Each party is given six peremptory challenges (meaning no reason needed
to not allow individual on jury)
If exhausted peremptory challenges, party can challenge a potential juror,
but must provide a reason (known as ‘for cause’ challenges)
Monday, 27 May 13
5. ROLE OF JURY
Judge assists jury in points of law (legal terminiology
etc.)
Guilty verdict must be unanimous for murder,
treason or certain federal drug-related offences
In other offences, if unanimous can’t be reached a
majority verdict (11 out of 12) can be accepted
If a decision can not be made, a hung jury is
declared
Monday, 27 May 13
