Much like voting, jury service is a compulsory right and responsibility of citizenship in Australia. Jul 5, 2011, 04:39pm EDT | Why Juries Will Be Replaced by Computers . The Cultural Politics of Juries in Australia picks out themes advanced variously through six essays and three jurors’ accounts. Australian jurors are forbidden from discussing their deliberations with anyone, including why … Jury secrecy means we have no accurate way of knowing whether juries are getting it “right”. For example, in each criminal case, the judge will tell the jury, among other things, that a defendant charged with a crime is presumed to be innocent and the burden of proving his guilt beyond a reasonable doubt is upon the Government. When jury trials first started in Australia, only land-owning men of a certain means would be called for duty. You see, juries in Australia are not required (and not permitted) to give the reasons for their verdict. Legal answers provided by Brien Roche, a personal injury attorney with over 40 years of trial experience. By the fourteenth century it was common practice to have a jury of twelve laypersons to judge whether someone was guilty of a crime, even if the crime was not serious. The jury system is designed to ensure that justice prevails through the use of a fair trial by one’s peers. If you get notified you have been randomly selected, you must complete the eligibility form and submit it to Juries Victoria. Even in districts where driver’s licenses or other forms of ID can be issued at age 16 or younger, you must reach the age of majority before taking on this responsibility. It is an offence to ask them. The involvement of a jury is important because it allows for a fair conclusion to trials. See Brien Roche’s book Law 101 published by Sphinx Publishing for more info on this subject. A simple yet very significant reason as to why the jury system is advantageous is the fact that 12 heads are better than 1. David … In NSW a civil jury consists of four people; in Victoria, 6-8, in Tasmania, 7; and in South Australia juries are only used for criminal trials. Jury secrecy means we have no accurate way of knowing whether juries are getting it “right”. It is considered an adult responsibility, so it only applies to someone when they reach the age of 18. Strengths Weaknesses Represents a cross-section of the community: juries are ideally made up of community members of all different occupations, age, education level, gender, race, culture and sexuality. There will be a jury in some civil … A jury trial is an important right of citizenship in the United States and many other democratic countries. He asserts that juries are smart enough not to be unduly influenced by such material, and will remain focused upon the evidence at hand. by Anthony Elliott. By comparison, the acquittal rate in jury trials-involving other than 'scheduled' offences-increased from 38 per cent to about 60 per cent in Northern Ireland during a similar period. This determines whether you are eligible for jury service. The United States were founded on a distrust of government authority. Two ways of contributing to justice in Canada are being on a jury and testifying in court. Also Contact Us today to discuss your personal injury matter. Edit Story. Most countries require that private disputes between citizens be decided by government officials – not the United States of America. And, after you serve as a … Reasons included: In 2001, the High Court effectively abolished forum shopping in John Pfeiffer Pty Ltd v Rogerson , confirming that plaintiffs' claims are governed by the law of the state in which the injury or loss occurred. For some people, jury duty poses a financial burden, as most states don’t require employers to pay workers while they sit on a jury. The UK Approach: Like NSW, the United Kingdom has systematically abolished or diluted several important defence safeguards, including the right to silence. Jury trials are important, but our right to jury trials is more important. That can be said in the context of a jury trial. Lastly, it was claimed that as compare to judge, the jurors have less prosecution minded. The use of juries in civil cases is limited, and in New South Wales usually only occurs in defamation cases. To begin, Canada having the jury system allows for Canadains to have an active role in their justice system which is crucial in ensureing that there societial veiws and values are upheld. The trial on indictment of any offence against any law of the Commonwealth shall be by jury, and every such trial shall be held in the State where the offence was committed, and if the offence was not committed within any State the trial shall be held at such place or places as the Parliament prescribes." In Canada, you cannot select a jury for civil cases against the Crown. Jury service could go for months. If you are facing trial by jury in either the Supreme Court or the District Court it is helpful to have an understanding of criminal procedure including the trial process ahead of time, so that you know what to expect. In NSW, under certain circumstances and for certain offences, it is acceptable to have a majority verdict, which is where all the jurors bar one agree. Clubhouse Adds An Important New Feature: A Way To Get Paid. The judge will instruct the jury in each separate case as to the law of that case. In civil cases the jury decides whether the defendant is liable on the balance of probabilities. Major trials may run longer than the length of your jury service. The King verdict prompts the following question: why should damages awards for the same injury or loss be potentially greater in Victoria than elsewhere simply because of access to juries? Cohesion is often a big hurdle in a collection of essays. In most states in Australia, the verdict in a jury trial needs to be unanimous, that is, all the jurors need to agree whether the defendant is innocent or guilty. Jury service is one of the most important civic duties you may be called upon to undertake. An impartial jury trial is critical to our democracy and our system of justice. Cases like Ponting show that how important jury equity is. The Australian Constitution provides that: "80. The jury fulfils a very important function in the legal system. Why Are Juries Important?Learn More. Indeed, most of the time, juries see cases that are often dull and certain. The Ontario courts relied on a report prepared by Justice F. Iacobucci, First Nations Representation on Ontario Juries (2013) for data on why Aboriginal on-reserve residents were reluctant to participate in the jury selection process. A jury is a group of citizens who try an accused charged with a criminal offence. The process is random each time. Serving on a jury is one way a citizen can carry out his or her role. In this case, a civil servant was charged with s. 3 of the Official Secret Act 1911 for leaking information on the sinking ship. Home / Jury Trial 101: A Guide to Trial by Jury in Western Australia. Once I’ve done jury service, I’ll keep getting called for it. However, it is a flawed system. With 12 jurors, a wide variety of opinions and input is culminated together in the final decision; a single judge has only one viewpoint and this is purely of the legal perspective. For some people, jury duty poses a financial burden, as most states don’t require employers to pay workers while they sit on a jury. Jury service usually lasts a few weeks, during which you could serve in several trials or none at all. A few overseas studies have asked trial judges what verdict they would have come to in jury trials. The jurors lounge at Melbourne County Court is equipped with a pool table, newspapers, wi-fi access and a television. Jury duty is lampooned frequently in the popular culture as being a dreadfully boring waste of time and energy that keeps us all away from the more important things in life such as family, work, and getting drunk. Australian jurors are forbidden from discussing their deliberations with anyone, including why they came to a decision. The reason why this section of the Magna Carta was so important is that it was an essential function to guarantee the protection of citizens (probably just the barons in 1215) against the use of arbitrary power by the King. He claimed that his actions had been in the public interest and due to that the jury refused to convict him. Contact a Personal Injury Attorney. You are entitled to be tried by jury unless the alleged offence is a minor one or one that is being tried in the Special Criminal Court. Jury Trials in Australia. What are the disadvantages of a jury trial? England and parts of Australia do not allow jury trials for personal injury claims. There is one important difference – judges must give reasons for their decisions – juries must not. Jury duty. However, a jury is not required in every legal case. (4) The majority of federal prosecutions in Australia take place in the magistrates' court.
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