Flashcards in 5.1.5 Role of the Juries Deck (16)
Similarity 1 between role of civil and criminal juries:
To decide questions of fact after carefully listening to all of the evidence presented in court and listening to the directions given by the judge
Similarity 2 between role of civil and criminal juries:
Make an unbiased decision based on the evidence and nothing else
Similarity 3 between role of civil and criminal juries:
Jury's are not required to give reasons
Similarity 4 between role of civil and criminal juries:
Represent the community
Difference 1 between the role of civil and criminal juries:
Criminal - Jury decides whether the accused is guilty or not guilty
Civil - Jury decides whether the defendant is liable or not liable
Difference 2 between the role of civil and criminal juries:
Criminal - Judge determines the sanction
Civil - Jury determines the level of damages
Difference 3 between the role of civil and criminal juries:
Criminal - Standard of proof: Beyond reasonable doubt
Civil - Standard of proof : Beyond the balance of probabilities
Factor 1 that influences the composition of juries:
Randomly selects names from the electoral roll. Prospective jurors complete a questionnaire which determines their eligibility.
Three categories of people who are not able to serve a jury
Some people are disqualified from jury service because of something they did in the past that makes them unsuitable. E.g. people who have been convicted of serious criminal offences
2: Ineligible Individuals
People too close to the legal system, as their opinion may carry too much weight.
People who are unable to comprehend the task or perform the duties of a juror (e.g. deaf)
Excused for a good reason e.g. illness, distance travel, religious beliefs
Attending Jury Service:
Prospective jurors become part of the jury pool, then form a jury panel when allocated to particular courts, whereby the empanelment process commences.
Both parties have unlimited challenges for cause, where the judge makes the decision.
Each party has 6 preemptory challenges, whereby a reason does not have to be given.