Jury Service Exhibition

Juries Commissioner’s Office and Victoria Law Foundation 2008

The Jury Service Exhibition aims to give the general public a clearer understanding of what jury service is, what’s expected of a juror and what an interesting experience it can be.

For more information on this exhibition, please contact Victoria Law Foundation on 03 9604 8166.

The text of the exhibition is provided below.

The History of the Jury Service

The Juror’s Experience

FAQs

Juries and Popular Culture

Juries: Out of Date or Here to Stay?

Resources

The History of the Jury Service

Juries have been sitting in on legal cases for over eight hundred years. Introduced to the English by the Norman invaders, juries were originally made up of ‘a body of neighbours, summoned by some public officer to give, upon oath, a true answer to some question.’

The original English jury system, written into the Magna Carta by King John I in 1215, literally pitted an accused against his peers: if a merchant was accused of fraud, his jury consisted of twelve merchants.

For over 50 years after European settlement, the Australian legal system did not allow for a trial by jury. In 1832, the Legislative Council of New South Wales passed a Juries Act deeming all male landowners between the ages of 21 and 60 ‘competent jurors’.

At Federation, the Commonwealth of Australia Constitution Act (1900) ruled that ‘The trial on indictment of any offence against any law of the Commonwealth shall be by jury’. This seems like a democratic approach: all indictable offences are tried by a judge with a group of ordinary people on the jury. In practice, however, juries have not always reflected the way society is made up.

It wasn’t until 1957 that women were allowed to sit on Australian juries, and it was only after the 1967 referendum that Indigenous Australians finally became eligible for service.

The Victorian Law Reform Commission’s 1996 inquiry into jury service resulted in significant changes which became part of the current Juries Act (2000) and which led to a more accurate representation of society’s demographics on juries in Victoria.

“I consider trial by jury as the only anchor ever yet imagined by man, by which a government can be held to the principles of its constitution.”

- THOMAS JEFFERSON

The Juror’s Experience

It’s all about getting out of jury service, right? Well, no. Surprisingly, jurors are actually more upbeat about jury duty than their reputation allows. In a 2004 survey, over half the prospective jurors asked about the upcoming experience were feeling enthusiastic about participating in jury service. They hoped and believed that it would be a valuable and interesting experience. Only a small number of jurors thought it would be an inconvenience to their work or family life.

‘Yes, I was inconvenienced due to time off work, but it’s a valuable duty, which is part of our identity.’

Most jurors feel they can make the necessary judgments when it comes to deliberation and are not anxious about the responsibility.

‘I don’t feel as intimidated. During jury service they make you feel important and confident.’

Jurors often feel that they have a better understanding of the legal system after seeing the real life details of a trial. After becoming familiar with court settings and procedures, many jurors find the experience to be personally rewarding. And here’s the most unlikely statistic: most jurors would happily do jury service again.

‘It’s a very worthwhile experience and you feel part of the justice system in a positive way. It was an opportunity to meet a bunch of diverse people who you would not meet in ordinary life.’

‘The jury is critical due to the diversity of the opinions of twelve randomly selected people. If you can reach a unanimous verdict then you really have reached the correct decision.’

The Jury Selection Process

 

What Happens in Court

1. Names are drawn out for the selection of the jury panel.

2. You’ll be taken to the courtroom. Everyone stands as the judge enters.

3. If you wish to be excused you may be called to the witness box. The judge will decide whether you can be excused.

4. The charges are read out to the accused, who pleads ‘guilty’ or ‘not guilty’.

5. If your name is called, walk past the accused. You may be challenged.

6. If you have not been challenged you will be directed to the jury box.

7. When the jurors have been selected, they will swear an oath or make an affirmation.

8. The jury enters the jury room to select a foreman/forewoman.

9. The judge instructs the jury on their role and duties.

10. The trial begins. The Crown prosecutor makes the opening statement.

This information has been taken from the Juror’s Handbook (Victoria Law Foundation 2006). For information about this publication see Resources section below.

“The jury system has come to stand for all we mean by English justice. The scrutiny of 12 honest jurors provides defendants and plaintiffs alike a safeguard from arbitrary perversion of the law.”

- WINSTON CHURCHILL

“A good jury leaves all prejudice and all sympathies outside the jury room door.”

- SEAN GRANT, BARRISTER in We the Jury: A Short Film About Jury Service (Victoria Law Foundation, 2006)

FAQs

How are potential jurors selected?

Potential jurors are randomly selected from the electoral roll and sent a questionnaire to see whether they are eligible for jury service. If they are, they are sent a summons requesting their attendance at jury service. From those who attend jury service, a jury ‘panel’ is randomly selected, from which a jury will be chosen. Many people who attend jury service never actually serve on a jury.

Who can serve?

Anyone over 18 who is enrolled to vote can sit on a jury unless they are:

Disqualified, for example because they have a criminal record or are bankrupt;

Ineligible, for example because of their past or present occupation (e.g., police, lawyers); or because of a physical or mental disability or difficulty with communicating in English;

Permanently excused from jury service, for example because of illness;

Excused on this occasion because of financial or personal hardship.

How long does jury service take?

Potential jurors need to attend the jury pool room for one to four days. If you are chosen for a trial, you will be needed for the length of the trial. Most trials take five to ten days, but some can take longer.

Will I lose my pay while I’m on jury service?

For permanent, full-time or part-time employees, your employer is usually required to pay the difference between the amount received in jury fees and your normal rate of pay for each day. However, this does not include independent contractors and some casual employees.

What type of case will I hear?

Juries are used for two types of cases:

Criminal trials (cases between the State and a person accused of a crime). Criminal juries normally consist of 12 jurors, although if it is expected to be a long case, up to 15 jurors may be empanelled.

Civil trials (cases between two or more individuals in dispute over an issue, such as trespassing or negligence). A civil jury consists of six jurors, or up to eight if the case is expected to run long.

Will I stay in a hotel while I’m on jury service?

Usually you are able to go home each night. In cases of high media interest, or when the jury cannot complete its deliberations in one day, the judge may make you stay in a hotel overnight.

What happens if the jury can’t agree on a verdict?

Juries in criminal cases must first try to come to a unanimous verdict. If the jury can’t do this after six hours, then a majority verdict may be accepted. A majority verdict is when 11 of the 12 jurors agree on a verdict. Majority verdicts are not allowed in cases of murder, treason or for a Commonwealth offence.

Can I get out of jury service?

Yes, if you have an exceptional reason such as illness, age, personal or financial hardship. You can:

defer your jury service to a more convenient time;

ask to be excused from jury service for this time;

ask to be permanently excused from jury service.

Juries and Popular Culture

The CSI Effect

If the words “solving crime” have you picturing squads of forensic detectives in white coats and rubber gloves unpicking convoluted psychological mysteries, you’re not alone. As television shows become more specific about how evidence is supposedly analysed, people’s perceptions of real life legal processes are increasingly coloured by fictional scenarios. Known as the ‘CSI effect’, the influence of such shows furnishes juries with unrealistic expectations of the evidence police should produce at a trial. Such effects are not new. In the 1960s, juries were first identified displaying attitudes derived from television shows, with a pattern of behaviour dubbed ‘Perry Mason syndrome’. It was found that jury members held unrealistic expectations that lawyers would squeeze confessions from star witnesses, just as Perry Mason did in the famous television show. Juries displaying ‘Perry Mason syndrome’ or suffering from ‘the CSI effect’ tend to expect high drama and last minute crime scene discoveries that uncover new evidence. This is invariably not the case, as juries sit for days on end in a court room where evidence has been analyzed months in advance.

Movie Juries

Australian audiences beware: despite the many Hollywood movies depicting juries in action, the American system is different from ours. The 1957 film 12 Angry Men shows the jury’s deliberations over the case of a young Hispanic man accused of murder. Eleven of the jurors believe he is guilty based on dubious racially motivated suspicions, but one man eventually convinces the others of a “reasonable doubt”, resulting in the accused being found “not guilty”. This dramatic eleventh hour crisis is not an accurate reflection of many legal systems. In some jurisdictions, including Victoria, juries not reaching a unanimous verdict may deliver a majority verdict of 11-1.

As if juries weren’t exciting enough, the 2003 film Runaway Jury is about a ‘stealth’ juror who lies to get onto a jury for a trial against gun companies and a ‘ruthless’ jury consultant who will do anything to get the right verdict. The ‘stealth’ juror relies on the American principal of Voir Dire. Voir Dire is a selection process that allows lawyers to talk to potential jurors to find out whether they have any perceived bias towards one side. Voir Dire is not a feature of Australian law; lawyers must decide who is selected for the jury simply by looking at them. What’s more, Australian jurors’ names are never made public. The dramatic plot twists in most Hollywood depictions of jurors are therefore not an accurate reflection of jurors’ experiences in Australia.

Jurors have commented that the jury system is quite different from the hype it is given in movies and television shows:

‘[Jury service] does give you an insight into how cases are dealt with in reality and it is very different compared with TV.’

‘I have a clearer idea of the reality rather than the fiction. The real legal profession is not as fickle or as entertaining as they are on TV.’

“I'm no idealist to believe firmly in the integrity of our courts and in the jury system –that is no ideal to me, it is a living, working reality.”

- ATTICUS FINCH in 'To Kill a Mockingbird', Harper Lee (J.B. Lippincott & Co., 1960)

Juries: Out of Date or Here to Stay?

For as long as juries have been part of the legal system, they have been reviewed and changed to meet the needs of society. There is still some debate about whether juries should be used at all, with some critics calling for all trials to be heard by a judge alone. The most common arguments supporting this proposal are that jurors are inexperienced and that they make trials long and expensive. Despite these objections, the majority of judges, past jurors, lawyers and legal experts believe that the jury system is a vital way of ensuring that community standards and attitudes are reflected in the legal system and in verdicts.

Presently, there are no plans to remove juries from the legal system.

Internationally, the jury system is widely used. Far from being seen as out of date it is currently being introduced in various forms in Japan, South Korea and Argentina.

“Juries bring to the case their innate common sense and varying experiences of life and I think it’s much more preferable to have a diverse number of minds brought to bear on a criminal problem than, say, one mind of a crusty old judge.”

- THE HONOURABLE JUSTICE JOHN COLDREY, SUPREME COURT OF VICTORIA

We the Jury: A Short Film About Jury Service (Victoria Law Foundation, 2006)

Juries ensure “… the protection of the citizens against those who customarily exercise the authority of government: legislators… administrators… judges.”

- JUSTICE WILLIAM DEAN, as he then was.

Kingswell v. R. (1985) 159 C.L.R. 264, 300-301.

Resources

The Juror’s Handbook is a booklet prepared in consultation with the Juries Commissioner's Office. It answers frequently asked questions about jury service and provides prospective jurors with a clear explanation of their responsibilities and the processes involved in trials. All potential jurors receive a copy when they attend for jury service. Available as download or printed copy.

We the Jury: A Short Film About Jury Service is a comprehensive 23-minute DVD, produced by the Victoria Law Foundation (2006). It explains how jurors are selected, instructed about their roles and responsibilities, and how they can be excused or challenged. Teacher notes are also available.

For more information about jury service, please contact the Juries Commissioner’s Office, Ground Floor, 250 William Street, Melbourne 3000 Tel 8636 6800 www.courts.vic.gov.au

ISBN 978 1 876045 66 1

© Juries Commissioner’s Office and Victoria Law Foundation 2008