JURIES Juries A trial by ones peers The

JURIES

Juries • A trial by ones peers • The right to a trail by jury is explicitly stated in s 80 of the Constitution. • Jury’s roles is to be independent and decide on the facts of the case – the jury must decide what they believe actually happened according to the evidence they have heard.

Role of juries • Select a foreperson – the jury’s spokesperson • Assess the facts of the case • Listen to, understand, remember and analyse the facts of the case. • Follow instructions given by the judge on rules of evidence and procedure. • Put aside prejudices and preconceived ideas. • Undertake deliberations. • Make a decision or verdict.

Jury in criminal trials • Find the accused either guilty or not guilty based on the standard of proof – beyond reasonable doubt. • Compulsory in all indictable criminal cases when the accused pleads not guilty. • 12 jurors (unless lengthy case of over 3 months, in which case 15 jurors will be selected but only 12 will return the verdict).

Jury in criminal trials cont… • Supposed to return a unanimous verdict within 6 hours however if this is not possible a majority verdict (11/12) is acceptable in most cases (not murder, treason of federal drug related charges). • Hung jury – when decision cannot be made within the 6 hours a hung jury may be declared, the jury is discharged and a new trial may be ordered. • Once verdict delivered the jury’s job is done. • They do not have to give reasons for their decision.

Juries in civil trials • Optional • 6 jurors • Jury establishes whether someone is liable or not. • Standard of proof is balance of probabilities – which set of facts is most likely to have occurred. • If damages being sought juries have the task of deciding the amount of compensation.