5.1.5 Role of the Juries Flashcards Preview

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Flashcards in 5.1.5 Role of the Juries Deck (16)
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1

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

2

Similarity 2 between role of civil and criminal juries:

Make an unbiased decision based on the evidence and nothing else

3

Similarity 3 between role of civil and criminal juries:

Jury's are not required to give reasons

4

Similarity 4 between role of civil and criminal juries:

Represent the community

5

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

6

Difference 2 between the role of civil and criminal juries:

Criminal - Judge determines the sanction
Civil - Jury determines the level of damages

7

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

8

Factor 1 that influences the composition of juries:

Pre-Selection

9

Pre-Selection:

Randomly selects names from the electoral roll. Prospective jurors complete a questionnaire which determines their eligibility.

10

Eligibility:

Three categories of people who are not able to serve a jury

11

1: Disqualified:

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

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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)

13

3: Excused

Excused for a good reason e.g. illness, distance travel, religious beliefs

14

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.

15

Empanelment (Criminal):

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.

16

Empanelment (Civil):

A list of 12 names and occupations are given to the parties, Each party can cross off 3 names leaving the 6 that will be empanelled on the jury.

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