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  1. 1. JURYRole and operation ofMonday, 27 May 13
  2. 2. JURY DEFINEDGroup of ordinary men and women who are selected to sitin court for the duration of a trial and hear evidencebought against the accused.Should have no prior knowledge of the case.Must determine, beyond reasonable doubt, on the basis offacts, whether the defendant (the accused) is ‘guilty’ or ‘notguilty’.Jury required in cases that involve indictable offences andthe defendant has pleaded not guilty.A jury is a selection of ordinary peopleentrusted to return a verdict on the basis offactsMonday, 27 May 13
  3. 3. JURY DUTYCivic responsibility - on electrol rollTrial by one’s peers is thought to be the fairest way to decide a case. Juriesare said to reflect community values, therefore their decisions may be moreeasily accepted than if one person was deciding alone.Potential jurors may be ineligible, disqualified or excused from jury duty forgood reason.Ineligible - medical/physical reason can not participateDisqualified - prior knowledge of caseExcused - on-going commitment i.e. work, familyMonday, 27 May 13
  4. 4. EMPANELLING THE JURYProcess of selecting a jury.Both parties (prosecution and defence) are entitled to refuse or challengea potential jury member.12 members, 15 if it is expected to be a long trial, however only 12 willdecide guiltEach party is given six peremptory challenges (meaning no reason neededto not allow individual on jury)If exhausted peremptory challenges, party can challenge a potential juror,but must provide a reason (known as ‘for cause’ challenges)Monday, 27 May 13
  5. 5. ROLE OF JURYJudge assists jury in points of law (legal terminiologyetc.)Guilty verdict must be unanimous for murder,treason or certain federal drug-related offencesIn other offences, if unanimous can’t be reached amajority verdict (11 out of 12) can be acceptedIf a decision can not be made, a hung jury isdeclaredMonday, 27 May 13