THE JURY SYSTEM THE NATURE AND COMPOSITION OF THE JURY The jury system of a trial is an essential element of the democratic process. It attempts to secure fairness in the justice system. Traditionally, the jury system has been viewed as a cornerstone of common law procedure. However, the use of the system of trial by jury is on the decline. Today, its use differs, depending on whether (a) it is a civil or criminal matter, and (b) in criminal matters, whether it is a summary or an indictable offence. The modern jury is composed of a maximum of 12 members. Typically, in murder and treason, the jury consists of 12 members, while in other criminal trials it may be 9. In civil matters, the jury often consists of 9 members. Before …show more content…
This is with respect to criminal cases triable in the Supreme Court. This was discussed in The COP v Davis (1993). The case concerned an attempt to try and punish drug-related offences through the magistrates' courts, but using penalties similar to those found in the Supreme Court. The court found that this was an unconstitutional attempt to oust trial by jury. Trial by jury is also constitutionally protected in the USA. THE JURY Following the arraignment of the accused, and where a plea of not guilty is entered, the accused is open to be tried by a jury made up of his peers. At this point it is said that he is put in their charge where he remains until such time as he chooses to change his plea to guilty, or until a final determination of his guilt or innocence is returned by the verdict of the jury. JURY SELECTION A panel of jurors must be selected to appear before the court (usually about 50 or so persons strong) from which the array (final jury number) is to be selected. This panel is chosen from person whose names, addresses etc have been placed on what is called the Juror's list [See: CH 6:53 S 20] This list, preparation of which is laid out in detail in CH 6:53 S 10 (the Jury Act) is complied from information collected from 1. The chief election officer's voting list sec.10 (1) 2. The Inland Revenue board sec.10 (2) (c) 3. The
A jury is a person who is un-qualified and not paid who is selected at random to participate in the court hearing. To be
Juries are an essential component of Queensland’s criminal justice system. However, the current jury system in criminal law cases does not effectively meet the needs of society. This thesis is established by first examining the role that juries play in the criminal justice system and the various interests of those affected by juries. This is followed by a consideration of arguments for and against juries and reforms that may be made to the jury system. Overall, it will be seen that there are substantial reasons to reform the current system.
Every day people are convicted of crimes or arrested for other reasons. Once they are convicted they are summoned to court, this begins the jury process. Citizens are randomly chosen to serve on jury duty. The citizens on the jury will use the jury system to determine if the person being accused is guilty or innocent. Trials can become very long or they can be short it just depends on the topic and how long it takes to decide on what the consequences will be. The jury system is the main trial and the main decision of whether or not someone is right or wrong.
The role of the jury in criminal
In this paper I will provide an analysis of a jury trial; my analysis will focus on the right of the defendant. I will articulate how a defendant 's rights at trial can be assured when it comes to The defendant’s right to a speedy trial, the defendant’s right to an impartial judge and the defendant’s right to an impartial jury.
Juries exists in the criminal trial to listen to the case presented to them and, as a third, non-bias party, decide beyond reasonable doubt if the accused is guilty. For the use of a trial by juror to be effective, no bias should exists in the jurors judgments, the jurors should understand clearly their role and key legal terms, and the jury system should represent the communities standards and views whilst upholding the rights of the accused and society and remain cost and time effective.
Often, forty or fifty people will be summoned for a 12 person jury. The process of selecting who will make up the jury is called voir dire, which involves getting rid of potential jurors who would not be fair or impartial. Prosecutors and defense attorneys can strike for cause a potential juror for several reasons, such as bias or prejudice, an unlimited number of times. They also have a limited number of peremptory challenges, which allows them to get rid of a juror without needing to have a valid reason to do so. Once all challenges the attorneys can utilize have been exhausted, the judge will assemble the petit jury and will generally select alternate jurors as
The first phase of a criminal jury trial is focused on selecting specific jurors, which is accomplished through a process referred to as 'voir dire' which is a screening of potential jurors. In the criminal trial involving an offense categorized as a felony "12 jurors and up to six alternate jurors may be chosen." (3rd Judicial District, ) Voir dire of the jury involves the prosecuting and defense attorneys questioning the potential jurors and
A jury trial is made up of twelve citizens of the community who have been randomly selected to serve on the jury. The jury had been given the authority to judge the facts of the case, and them apply the law that was given by the judge to those facts, and render a verdict of guilty or not guilty.
Several pairs of eyes trail the prosecutor as he puts forth his reasons as to why the defendant should be guilty. Several pairs of ears listen intently in a trance like mode, also cautious of every detail. The prosecutor presents the facts with great gusto, painting a picture of the defendant in a bad light. Once he is done, the defendant’s lawyer takes the stage and he too, with great effort, puts forth reasons as to why his client is innocent. In the end, when everything is said and done and it time for the verdict, only one voice answers to the court clerk out of the 12 men and women. These 12 people are the jurymen and they play an equally important role as the lawyers and judges of a court trial. In fact, a jury is the sole decider, based
The steps involved in the selection of the jury involve; Computer generated random selection, determination of liability, summons, selection of a panel from jury pool and finally the selection of jury from the panel.
The Selection and Role of a Jury in a Criminal Trial This assignment focuses on how a jury is selected and its role in a
A jury is a group of 12 people aged between 18 and 70 who have been randomly selected from the electoral roll. Juries are only used for indictable criminal offences, these cases are held in either the District or Supreme court.
Also prior to the trial, a jury of 6 to 12 people must be selected. Each jury member must go through a screening process to ensure that they have no connection to the trial, or any preconceived opinion of it that could keep them from being impartial to either side. A juror can be removed if they have any connection to the trial, and the defense
The Jury Selection Procedure in the English Legal System The theory behind modern day trial by jury can be traced back some