Activity 5q

1. The task word ‘discuss’ require students to consider both sides of something. In this case, ‘discussing’ the ability of the responsibilities of the jury to achieve the principles of justice requires students to write about relevant strengths and weaknesses of the jury. Responses will vary according to the arguments selected.

        Arguments in support of the responsibilities of the jury achieving the principles of justice include:

• The jury giving the parties a trial by their peers can allow both parties to be judged by people who are their equals and who represent common community opinion – an important aspect of fairness is that the justice system reflects community values and expectations.
• The presence of the jury can ensure that legal arguments and procedures are able to be understood by both parties, because the judge and legal representatives may be more careful to speak in a way that the non-legal members of the jury can understand – this makes the trial more accessible to the parties and to the public gallery, which is particularly important in civil matters where one or both parties may be self-represented. It is in the interests of fairness that the parties understand the legal process determining their rights and duties.
• By spreading the burden of reaching a verdict across six shoulders, the jury system creates the best opportunity to catch errors and to balance prejudices in a fair outcome. Such a high level of agreement must be had in the verdict – either unanimous or all jurors but one – that the parties and public are likely to have more confidence in it.
• Even if the court accepts a majority verdict, the jury must have deliberated for at least three hours beforehand. This helps ensure that the parties are receiving access to a thoughtful, considered justice process and not a rushed or superficial one.

        Arguments against the responsibilities of the jury achieving the principles of justice include:

• Jurors must perform a complex task, but without experience in the law, in assessing evidence, or in court procedure – this can impair their ability to deliver parties a fair trial.
• Jurors must make decisions based on a narrow and incomplete version of the case. The rules of evidence and procedure, and the choices made by the parties, remove a great deal of potentially relevant information from the trial. This decreases juror access to the truth, and can impair the fairness and accuracy of the verdict.
• Jury verdicts are difficult to challenge on appeal because no reasons are given – this limits the accountability of the jury and the access of the parties to justice.
• Jurors tasked with deciding damages do not provide parties with equality across cases – they are not bound by precedent when deciding damages, and have limited exposure to amounts from similar cases.
• Jurors themselves have given concerning accounts of jury duty, where the process of reaching the verdict did not seem to be based on the law and an objective assessment of the evidence – this gives parties an unfair trial, because the outcome is not based on a genuine assessment of the evidence and law.
• Empaneling a panel of six jurors is expensive, and adds to the cost of trial – particularly in a civil case, where one of the parties must pay for the jury. This reduces access.
• Many jurors do not understand the rule against performing outside research, but can be penalised up to 120 penalty units for not following it.
• Jurors may not be able to act as peers of the parties or as representatives of a cross-section of society because of the range of people disqualified, ineligible or excused, and because the parties can challenge the empanelment of two jurors each, without giving the court any reasons.

2. The task word ‘evaluate’ require students to consider both sides of something, as well as express an opinion judging the relative strengths of the arguments. For example, a student might argue, based on evidence when referring to the arguments for and against the responsibilities of the jury, that theydo achieve one principle of justice. Responses will vary according to the arguments selected.