THE JURY SYSTEM

Chapter 12

Key knowledge related to this chapter

the role of juries, and factors that influence their
composition
strengths and weaknesses of the jury system
reforms and alternatives to the jury system

Learning Objectives
Explain the role of juries
Outline the factors that affect their composition
Outline the process of jury selection and empanellment
Evaluate the effectiveness of the jury

What is a jury?
A jury is a random selection of people from the

community- this provides parties with a trial by their peers

What is the role of the jury?

Listen to and weigh up the evidence and arguments put

by each side, with an impartial and unbiased mind

Listen to, and try to understand, the law as explained to
them by the judge
Decide the facts of the case and apply the facts to the law
to see if the case has been proved to the standard of
proof
Reach a unanimous or majority verdict, and in most civil
cases they decide the amount of damages

Test your understanding

Which of the following is the most accurate statement of

the role of the jury?:

The jury decides the sanctions or amount of damages if the
defendant loses the trial
B. The jury decides what the facts of the case are.
C. The jury interprets the relevant law and decides which precedent
to apply.
D. The jury arrives at a verdict that creates precedent for future
cases.
A.

What factors influence the composition of the jury?

Juries Act 2000 (Vic) determines the stages and

procedures to be followed when selecting and

empanelling a jury
It involves the random selection of jurors (to ensure
fairness) and mechanisms to filter out potentially biased
jurors

What is a jury pool?

A jury pool are the people summoned for jury service

who are available to be selected for individual cases by

random ballot

How is a jury pool selected?

A questionnaire is sent to everyone enrolled to vote for the

House of Representatives.
If they have done something in the past that makes them
inappropriate (e.g. being in jail for more than 3 years), they
will be disqualified
If their job is too closely connected to the legal system or if
they cannot perform the task of a juror, they will be ineligible
If they fit certain criteria for hardship or can make a valid
request, they many be excused
Anyone left will be liable for service and will receive a date to
attend court. Failure to attend may result in a fine or
imprisonment.

Test your understanding

A. Disqualified is when someones job is too closely connected

with the justice system (e.g. judge, police officer), or they

cannot adequately perform the task of juror (e.g. poor English
skills).
B. Ineligible is when someone has done something in the past
that makes them inappropriate for jury duty. For example, they
are an undischarged bankrupt, or have previously served more
than three years in jail.
C. Excused is when service would cause them unnecessary
hardship (e.g. they are the sole carer for a young child), or
they are entitled to be excused because they are over a
certain age.
D. Liable for service is where they have been selected for jury
duty and are given the details of the trial they will be judging.

How is a jury empanelled?

Potential jurors may be sent to a courtroom that needs a jury
The judge will give them information about the case such as

key witnesses. Potential jurors can ask again to be excused.

If they are not excused and their name is picked, they are
empanelled on the jury unless one of the parties makes a
challenge against them
The parties may each make 6 peremptory challenges
(criminal cases, or 3 for civil) no reason given
The parties may make unlimited challenges for cause but
the judge must accept the reason
Continues until 12 (criminal) or 6 (civil) jurors are empanelled.

Evaluating the effectiveness of the jury

Strengths

Weaknesses

Encourages contemporary values in the

courtroom

Can be influenced by bias or prejudice or

open to manipulation by barristers

Encourages less legal jargon, easier for

parties & public to understand

May not understand complex evidence or

legal arguments

Regular people may experience & learn

about the legal system

May be influenced by the media, bring

assumptions or inadmissible evidence

Check on the power of the government so

they protect the people

Untrained and unqualified people making

important decisions

Using 12/6 peers spreads responsibility of

decision-making

No guarantee that jury will be true peers,

esp if accused is in the minority

Jurors represent cross-section of the

community

True cross-section not present due to

excused, ineligible, disqualified etc

Majority verdict in most cases, shows

confidence in decision & efficient

Lack of unanimous decision shows doubt,

undermines standard of proof

Deliberate in secret so are not subject to

influence or bribery

No reasons so no way of knowing whether

it was fair and correct

Verdicts may contradict the law or facts if it

is the most fair decision

Verdicts not subject to precedent, hard to

appeal so shows lack of consistency &
accountability

Test your understanding

The jury system is flawed because jury verdicts or

calculations of damages do not form or follow precedent,

so decisions may be unpredictable and inconsistent.
Select the statement that best provides a logical response
to this weakness:
A. The flexibility that the jury has in relation to its verdict is

enhanced by the fact that jurors will find out more evidence from the
media than what will be presented to them in trial
B. The flexibility that each jury has in relation to its verdict and
calculation of damages means that juries can take into account the
specific circumstances of the case and the changing values of the
community
C. The presence of the jury encourages lawyers and expert
witnesses to use less legal jargon

Improvements and alternatives to the jury system

Future reforms include:
Appoint a specialist foreperson such as a lawyer, ex-judge or expert
in the field to advise the jury in complex cases
Make the jury give written reasons for their decision, showing they
understand the law and evidence
Allow the jury to return a not proven verdict that would delay the
trial to gather more evidence
Alternatives include:
Replace the jury with a panel of judges
Replace the lay-person jury with a professional jury of people
trained by the state to be jurors.
Have very complex cases heard by professionals in the field. For
example, medical negligence cases heard by a panel of doctors.

HOMEWORK
Due Friday
Read and summarise Chapter 12 the jury

Next lesson
Practice SAC