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JURY REFORMS

JURY REFORMS. Camille Cardamone. Criminal Trials.

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JURY REFORMS

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  1. JURY REFORMS Camille Cardamone

  2. Criminal Trials • Any person accused of an indictable offence in the Supreme court has a right to trial before a jury of twelve persons. The jury must be satisfied beyond any reasonable doubt as to the innocence or guilt of the accused and its verdict must be unanimous.

  3. Civil Trials • The jury plays a less significant role in civil cases. The trend in such cases is towards trial by judge alone. A civil inquest in the Supreme Court is heard before a jury of six and in the country court by a jury of four. The party entering any civil case for trial by jury must pay for the juror’s fees.

  4. The selection of persons for jury service • The selection of persons for jury service is the responsibility of a court official known as the sheriff. It is the task of that person to notify the chief electoral officer of the number of persons whom it is estimated will be required for jury service in the next six to fifteen months.

  5. Jury service • Jury service is not open to all persons. Certain groups of persons are not permitted to attend, while others are disqualified or excluded from service.

  6. Suggested reforms for the jury system • This system already operates in England, South and Western Australia and Tasmania. The main advantage of introducing majority verdicts is that it reduces the number of jury disagreements and avoids re trials and delays. At the present time the courts are losing more than 200 working days per year due to jury disagreements.

  7. Media Influence • The media can greatly influence the opinions held by the public about certain cases and thereby reduce the chances of finding unbiased jurors. The most infamous Australian example of media manipulation of a case, was the Lindy Chamberlain and the disappearance of her daughter Azaria. By the time the case came to trial most people in Australia had their own opinions on Azaria’s disappearance and it was therefore debatable in whether it was possible to select an unbiased jury.

  8. Other suggestions for Jury reforms include: • Better pay and conditions for jurors. • The reform of selection procedures (to many people particularly professional people are exempt from jury service. • The simplifying of judges’ instructions to the jury. • Compelling jurors to give reasons for their decisions.

  9. Jurors Questionnaire

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