Jurors are selected to listen to the facts of the case and to determine if the defendant committed the crime. When selecting the jury, the prosecutor and defense attorney may not discriminate against any group of people. For example, the judge will not allow them to select only men or only women. A jury should represent all types of people, races, and cultures. Both lawyers are allowed to ask questions about their potential biases and may excuse jurors from service. Opening statements allow the prosecutor and the defense attorney to briefly tell their account of the events.
These statements usually are short like an outline and do not involve witnesses or evidence. The prosecutor makes an opening statement first because the Government has the burden of proving that the defendant committed the crime. Witness Examination Following opening statements, the prosecutor begins direct examination of his first witness. During direct examination, the prosecutor can introduce evidence such as a weapon or something from the crime scene.
The purpose of cross examination is to create doubt as to the credibility of the witness. After the defense attorney cross examines the witness, the prosecutor asks the witness final questions to clarify any confusing testimony for the jury. This is called redirect examination. Every Supreme and County Court criminal trial, and some civil cases, are heard by juries. These are a collection of average citizens, 12 for criminal trials and 6 for civil trials, who are selected at random to sit in the courtroom, hear the arguments of both sides, listen to all the evidence, and then, as a group, come to a verdict.
In criminal trials, the verdict will be that the accused is either guilty or not guilty of each of the crimes they have been charged with.
In civil trials, the verdict will be in favour of one or the other of the parties involved in the trial. Juries are indispensable to our justice system, as it is they, not judges, who determine whether the accused person is guilty or not guilty, or whether the plaintiff in a civil trial has established their claim. Through this very important contribution to justice in Victoria, juries bring the values, standards and expectations of our community into the courtroom.
Each year, around 25, people attend court for jury service in Victoria, with approximately 6, serving as jurors on around trials. But there are a number of steps taken before they get there. Firstly, the Victorian Electoral Commission will periodically, upon request from the Juries Commissioner, randomly select several thousand people at a time from the Victorian electoral roll, and provide Juries Victoria with their name, date of birth, gender and listed address.
Juries Victoria then sends each of these people a notice of selection for jury service in the mail, with a short questionnaire designed to determine whether or not the individual is eligible to take part.
Citizens are encouraged to complete this questionnaire online. Juries Victoria assesses all questionnaires to determine each citizen's eligibility for jury service. To those who are eligible and those who do not have a good reason to be excused from jury service, a summons for jury service is sent weeks prior to a date we want them to attend court.
On any given day, there might be up to people attending court for jury service. From these groups, called a jury pool, people are chosen at random to form smaller groups called jury panels. It is a jury panel that is taken into a courtroom for the final step in the jury selection process.
The court clerk calls groups of jurors for questioning by the judge and the attorneys. The judge speaks to the jurors, telling them the names of the people involved in the case and stating what the case is about. The judge and the attorneys ask jurors questions to determine if the jurors are free of bias prejudice or whether there is any other reason why they cannot be fair and impartial; this process is called voir dire.
It is important to ask questions if you do not understand a question. Each juror is obligated to follow the law as explained by the judge; if you can not follow the law, you must let the judge know.
The law lets the judge and the lawyers excuse individual jurors from service for various reasons. If a lawyer wants to have a juror excused, he or she must use a "challenge" to excuse the juror. Challenges can be for cause or peremptory. There are unlimited challenges for cause , as well as 10 peremptory challenges in criminal cases 20 in death penalty or life imprisonment cases and 6 in civil cases Cal.
The process of questioning and excusing jurors continues until 12 persons are accepted as jurors for the trial.
Alternate jurors may also be selected. The judge and attorneys agree that these jurors are qualified to decide impartially and intelligently the factual issues in the case.
When the selection of the jury is completed, the jurors take the following oath:. As a juror you should think seriously about the oath before taking it. The oath means you give your word to reach your verdict upon only the evidence presented in the trial and the court's instructions about the law. You cannot consider any other evidence and instruction other than those given by the court in the case before you.
Remember that your role as a juror is as important as the judge's in making sure that justice is done. The Verdict In your efforts to reach a verdict , keep in mind that you should consider only the evidence that was presented in the courtroom. You should not guess or speculate about things not discussed in court, but you can draw reasonable conclusions from the evidence presented. It is important to take the case you are deciding seriously. After all, if you were a party in the case, it would be important to you, and you would want the jury to give it serious consideration even if the controversy appears less significant to others.
All jurors should deliberate and vote on each issue to be decided in the case. When it is time to count votes, it is the presiding juror's duty to see that this is done properly. In a civil case , the judge will tell you how many jurors must agree in order to reach a verdict. In a criminal case, the unanimous agreement of all 12 jurors is required. If the required number of jurors agree on each issue to be decided, the presiding juror will sign and date the verdict, advise the bailiff or court attendant, and return with the signed verdict and any unsigned verdict forms from prior votes to the courtroom.
If a jury cannot arrive at a verdict within a reasonable time and indicates to the judge that there is no possibility that they can reach a verdict, the judge, in their discretion, may dismiss the jury. Under current public health restrictions , court business has been reduced.
You can access the latest announcements on court sittings on the Courts Service website. If you have a question about this topic you can contact the Citizens Information Phone Service on 07 Monday to Friday, 9am to 8pm. You can also contact your local Citizens Information Centre or Request a call back from an information officer. Information The jury fulfils a very important function in the legal system. The verdict At the conclusion of the trial, the jurors are given an issue paper, which states the issues that the jury must consider in reaching its verdict.
Rules Jurors must: Decide the facts of the case only. Remain impartial and independent. Remain uninfluenced by any person. It is an offence for any person who is not a member of the jury to attempt to influence a juror in any way. Keep statements made in the jury room confidential.
Jurors should not discuss the case with any person other than members of the jury.
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