Juries are used both in criminal and civil trials in Victoria. Any person can be selected to be on the jury. It is the best system of justice used in Victoria.
a) what is the role of jury in a civil trial? how does this differ from their roles in a criminal trial (2marks)
b) Explain the two factors that affect the composition of juries
c) Do you agree with statement above? Give reasons for your response (4) marks
d) One element of an legal system is the timely resolution of disputes. Select one aspect of the jury to illustrate
how this aspect helps to achieve this element
how this aspect can limit the achievement of this element (2+2) marks
e) Describe an alternative to the jury system. Evaluate the alternative using one strength and one weakness
a.) What is the role of the jury in a civil trial? How does this differ from their role in a criminal trial? The role of the jury in a civil trial is to decide question of fact, whether the defendant is liable and possible remedy, such as the amount of damages. Juries will reach a majority verdict of 5/6 on the balance of probabilities. The role of the jury in a criminal trial is different as the jury decides on question of fact but they play no role in imposing sanctions. Juries in a criminal trial will reach a unanimous verdict within 6 hours or for some indictable offences, be given the opportunity to deliver a majority of 11/12. The jury will determine whether the prosecution have proven their case beyond all reasonable doubt.
b.) Explain the TWO factors that affect the composition of juries.
c.) Do you agree with the statement above? Give reasons for your response.
The jury system is an integral part of our legal system. I agree with the statement above as it is seen as the foundation of the system, it is necessary in order for effective operation of trial in Victoria. Its unique features that act as fact-finders are seen as both reliable and representative.
The Jury contributes to a fair and unbiased hearing in a number of ways. Crucially, they are a randomly selected impartial body of 6 or 12 laypersons that have skills in their main role as triers of fact. Juries are said to true cross-sections of the community and therefore reach a true and fair verdict, acting as buffers, particularly in criminal trials, between the prosecution and the individual. Juries vigorously test the evidence and accusations, acting as safeguard to uphold the standard of beyond all reasonable doubt. The fact that they are 12 ordinary people with no bias for either party ensures that a fair and true verdict results.
In addition, the jury is seen to provide limited access to mechanisms for dispute resolution. As jurors are compulsory for criminal trials in the County and Supreme Courts for pleas of not guilty, defendants have equal access in determining the actual composition of a trial through peremptory challenges and challenges for cause. As a result, public access to the legal system’s trial process allows suitable individuals to participate in the administration of justice. By accessing the trial process, jurors not only hear and determine cases but also increase the public’s knowledge of the law and increase community confidence that the trial process is transparent.
Furthermore, the use of a jury in Victoria allows the decision-making to be spread over more shoulders, rather than being placed solely in the hands of a judge. For example, if 12 people decide that a person is guilty, it is more likely to be correct than a decision made only by a single person. Consequently, people are more likely to feel confident in the decision made.
On the whole, the jury system is generally successful in representing the community’s views and values in court. They aid in creating a fair and unbiased hearing and giving the community further access and involvement in the legal system. It also spreads the responsibility of making a decision over more shoulders providing a more confident decision in the eyes of the community. As this is the case, the jury fulfils their role of reaching a true verdict, which ensures an effective legal system.
d.) One element of an effective legal system is the timely resolution of disputes. Select ONE aspect of the jury system to illustrate:
- How this aspect helps to achieve this element.
- How this aspect can limit the achievement of this element
e.) Describe an alternative to the jury system. Evaluate the alternative using one strength and one weakness. An alternative to the jury system is trial by judge. It is true that a judge’s expertise and experience in the legal field is not fully utilized in the current system. They would be able to appropriately apply the law to the situation and reach a true verdict. There would be less chance that jurors would not understand any technical evidence and furthermore, trial by judge would reduce both costs and time. However, this alternative would end the notion of trial by peers, whereby community involvement would no longer exist in the trial process. The verdict would rest with an individual rather than a range of laypeople that represent the current community’s views and values.
Can anyone read over it, to see if i covered that information right please