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JURY

JURY. Janaya Di Pietro. INTRODUCTION. A jury is a group of ordinary citizens brought to a court to hear evidence and decide on issues of fact on the basis of that evidence . The decision in a criminal case must be unanimous in the state of NSW. Focus Areas:.

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JURY

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  1. JURY Janaya Di Pietro

  2. INTRODUCTION • A jury is a group of ordinary citizens brought to a court to hear evidence and decide on issues of fact on the basis of that evidence. • The decision in a criminal case must be unanimous in the state of NSW.

  3. Focus Areas: • Access and Influence of the media on influencing jury decisions. • Hung Juries and; • Jurors having no prior legal knowledge

  4. Issues in history • New South Wales Act (1823)was created which allowed 12 men who were land or property owners to make decisions on facts in civil cases • Jury (Amendment) Act (1947)allowed women to be members of the jury • Jury Amendment Act (2004) where jurors are prohibited from making inquiries for the purpose of obtaining information about the accused in a trial, which includes internet searches and conducting experiments to test evidence

  5. Media and Technology • As the primary role of the jury is to reach a verdict on the basis only of the admissible and admitted evidence and argument put before the courtroom, a concern has been raised about prior knowledge of the case through media access, which could potentially influence the jurors decision and also the presumption of innocence could be ignored

  6. Safeguards • In section 68C of the Jury Act 1977, it is stated that a juror in a criminal trial must not make an inquiry for the purpose of obtaining information about the accused, or any other matters relevant to the trial. The maximum penalty is 50 penalty units and/or imprisonment for 2 years. • In the acquiring of the jury, a potential juror will be asked if they obtain any previous knowledge of the case

  7. Hung Jury • If a jury is unable to reach a verdict in a case, it is declared a mistrial, and called a hung jury. • cost, time and resources that must be utilised per case- significant disadvantage.

  8. Safeguards • However, although retrials are costly and time consuming, it is still the only reform in place to ensure the individual receives a fair verdict on behalf of their peers- yet recent discussion about due to debates about future prospects of a “majority vote” being introduced to criminal cases.

  9. Lack of legal knowledge • juror having no prior legal knowledge- so may therefore be unable to understand the proceedings.

  10. Safeguards • The judge will answer and explain any unanswered issues in relation to the case- and inform the jurors what they need to check off to find the accused guilty. • Arguments about having a judge present in future deliberations.

  11. Conclusion • The jury system is both an effective and efficient system of law- and as with all concepts of law must be updated to suit the society and times in which it is relating to • Allows those in society to feel a sense of democracy and inclusion • Accused tried by peers

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