|
|  | | | | |
| |
Being a juror does not require any special skills, expertise or education. It is important to be confident in your own ability to understand and make a decision.
One of the values of the jury system is that it brings together people from different backgrounds so that a variety of attitudes, values and experience is brought to bear in reaching a verdict. It is important that each juror contributes to the discussion before reaching a verdict.
Key qualities for a juror
- listen carefully to the evidence
- bring an open mind, without prejudice or bias
- be fair and impartial
- be objective
- use your common sense
- listen to all the evidence before you make up your mind
- don't talk about the case except to other jury members in the privacy of the jury room.
Choosing a foreman/forewoman
Before the trial begins the jurors choose someone to be the jury foreman/forewoman.
The foreman/forewoman’s role is to:
- speak or ask questions on behalf of the jury during the trial
- chair jury discussions and make sure everyone is heard, and
- give the jury's verdict at the end of the trial.
The opinion of the foreman/forewoman has no greater weight than that of any other juror and he or she does not have a casting vote.
If for any reason the foreman/forewoman is not able to continue in the role, the jury can choose someone else to take his or her place after telling the judge of the situation.
Judges instructions
The judge will give the jury full instructions about its role and duties before and during the trial. The judge’s instructions must be followed.
Assessing the evidence
You are required to decide all questions of fact arising in the case. It is therefore important that you do not form or express an opinion until you have heard all of the evidence.
Trials can take place months or sometimes years after the events in question, and so some witnesses will remember more than others. Some witnesses may appear calm, while others may appear difficult or nervous. Try to remain fair and objective when considering the evidence given by a witness. It is important to listen carefully to all evidence. Let the judge know if you have not heard or understood something or if you need a break.
You must not act as an 'amateur detective' performing your own independent investigation. You must not visit the scene of the alleged crime or any event mentioned in the case, or consult any books or other sources of information (including other people) for additional information. If the judge thinks the jury should visit a place connected with the trial, he or she will arrange for this to happen.
Sometimes you will have read or heard something about the case through newspapers, radio or television - but you must decide the case solely on what you see or hear in the courtroom, not from anything you read or hear in the media.
It is particularly important that you do not allow anything you might have seen in films or on television concerning court cases to play any role in your decision making.
Note taking
Note taking will normally be allowed and you will be provided with writing materials. It is important to concentrate on listening to the evidence. Do not rely on notes taken by another juror as these may conflict with your memory of the evidence or may not be an accurate summary.
Talking to other people
You must not discuss the case with anyone except your fellow jurors in the privacy of the jury room. Even after the trial has finished there are strict limits on what you can discuss.
The requirement not to talk about the case applies equally to court staff you may come in contact with. Please do not talk to them about the case either during the trial or after it is finished.
Do not to bring friends and relatives to court to watch as you may be drawn into a discussion of the case when you leave court.
You must remain impartial
If anything occurs during the trial that makes you think it's improper for you to continue, tell the judge immediately by giving a note to the tipstaff. Some examples would be hearing something confidential about the trial, being contacted by someone involved in the trial, or becoming aware that you know one of the witnesses. Under no circumstances should a juror discuss any approach to him or her or any other irregularity with anyone (including other jurors) except the tipstaff, associate or the judge.
Privacy of jurors
The privacy of the jury members is protected at all times. They are not allowed to be filmed, photographed, or interviewed by the press and their names are not allowed to be published. Nor is any information about them to be given to the accused or the parties involved in a civil case, or their lawyers.
Related Links
Juries Act 2000
Department of Justice Victoria website: http://www.justice.vic.gov.au
Publications
Free booklets published by Victoria Law Foundation
© Office of the Juries Commissioner and the Victoria Law Foundation, 2004
Juries Commissioner's Office
Ground Floor, County Court Building, 250 William Street, Melbourne, Victoria, 3000
Phone No: +61 3 8636 6800
Fax No: +61 3 8636 6830
Email: juries@supremecourt.vic.gov.au
Office hours : 9.00am - 5.00pm
Other: Ausdoc: DX 210608
| |
|
|