THE JURY SYSTEM

1. THE JURY SYSTEM

2. What is a jury? JURY- is a panel of everyday citizens that are summonsed by a court to determine the verdict of a case in which one of their peers from society is on trial. Jury duty- is part of our responsibility as citizens & you are fined if you do not attend when you are called for duty.

3. $36 per day!! Jurors are paid $36.00 per day for the first 6 days AND $72.00 per day for each day after that. An employer must release you for jury duty. $112.00 over 12 months.

4. Composition of the Jury Criminal there are 12 jurors Civil there are 6 jurors, however they are optional in a civil case, either the defendant or plaintiff must request to have their case heard by a jury. The cost of the jury is borne by the parties in the case, not taxpayers like in a criminal case.

5. Role of the jury The main role of the jury is to hear ALL the evidence presented from both parties within the courtroom and come to either a majority** or unanimous decision regarding the guilt/liability of the defendant on trial. They DO NOT decide on the sanction given if found guilty in a criminal trial, however they can determine the amount of damages awarded if present in a civil case. *Majority decisions are not accepted in murder trials and some drug offences unless after 6 hours the jury cannot reach a unanimous decision.

7. Jury Selection

8. Stage 1:Jury districts & the jury list roll The names of potential jurors are selected from the register of electors for the jury district in which the case is being held. The juries commissioner estimates the number of jurors required in each of the jury districts and informs the Electoral Commissioner.

9. The juries commissioner then prepares a draft jury roll from the people listed on the register of electors (electoral roll)

10. Stage 2:Pre-selection of jurors Juries commissioner sends a “Notice of Jury Selection” & questionnaire to all people who have been randomly selected from the electoral roll. Must be answered & returned within 14 days. Questionnaire helps determine eligibility for jury service.

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12. Who is eligible to serve on a jury panel? Many individuals are not able to serve on a jury because they are either consider to be; INELIGIBLE DISQUALIFIED or EXCUSED

13. Ineligible... People who are too closely related or involved in the court process. Eg: police, lawyers, court reporters or judges. ALSO People who have a disability which would render them incapable of jury service eg: intellectual disability, people who are deaf or blind, and people that cannot speak English.

14. Disqualified... Individual who has been sentenced to at least 3 years imprisonment as a result of committing an indictable offence. People on remand at the time of call for jury duty. A person who has been declared bankrupt.

15. Excused... Excused for good reason: a person can apply to juries commissioner to be excused for jury service for a good reason; -Illness/poor health -Incapacity -Substantial hardship would result -Substantial financial hardship -Advanced age -Substantial inconvenience to public would result.

16. Excused permanently: person can apply to juries commissioner to be permanently excused due to; • Continued poor health • Disability • Advanced age

17. Stage 3:Panel preparation Responses to questionnaires are screened for those who are eligible for jury service. A list of potential jurors is drawn up.

18. Stage 4:Summoning the jurors Individuals receive a summons not less than 10 days before they are required to appear in court. Not all people summons at this stage will actually serve on a jury panel.

19. Jury pool Members of the jury pool are selected for every case at random through a ballot. The name and occupation of every potential juror is written onto the card. A card for each juror is placed in the ballot box, and when the jurors name is read out, are allocated to the relevant courtroom. THE INDIVIDUAL IS STILL NOT A MEMBER OF THE JURY AT THIS STAGE!

20. Jury Panel • After members have been allocated courtrooms, a card for each juror is again placed into a ballot box. • Members will be told: • Type of action • Name of the accused • Names of the principal witnesses • Estimated length of the trial • Any other relevant information.

21. The judges associate then draws out a card and states the jurors name and occupation. The selected juror is asked to walk across the courtroom, passed the defendant in the dock and take their place in the jury box. This will continue until the required number of jurors are selected.

22. Challenging a juror Both the defendant and the prosecution in a criminal case can challenge a potential juror. Both sides have the ability to challenge 6 individuals peremptory & can challenge a potential juror with cause unlimited times.

23. Challenge with cause. Either party may challenge a potential juror with a good reason as to why they don’t feel as though that individual should serve on the jury. These challenges are RARE. Eg: If a young 23 school teacher was a potential juror, and the accused was on trial for a rape of a young 23 year old school teacher, then the defence might argue that the individual will have a biased account of the case and therefore should not serve on the jury.

24. Peremptory Challenge. Either party can challenge or strike out a potential juror for not reason at all. Each side is able to do this 6 times for a criminal case & 3 times for a civil case.

28. Individuals selected from electoral roll & questionnaire's are sent to prospective jurors. Individual receives summons & appears in jury pool room at specified court. Waits here until name is randomly drawn to attend a courtroom. Potential juror has their name & occupation read out, if not challenged, is sworn in and becomes a member of the jury panel.

29. Disclousure of information Identies and information on the delibrations of the jury are not prohibited during the trial. After the trial generally this information can be disclosed as long as the names of the jurors and relevant legal proceedings are not revealed.

31. Role of the Judge vs Jury