We the Jury - a short film about jury service in Victoria

Summary

The video script details the process of jury selection and trial proceedings in a Victorian court. It emphasizes the importance of an impartial jury in ensuring a fair trial, illustrating the random selection, challenges, and responsibilities of jurors. The script also highlights the role of the judge in guiding the jury through the legal aspects of the case, culminating in the jury's critical decision-making process.

Takeaways

• 🏛️ The script describes the process of jury selection and the role of the jury in the legal system of Victoria, emphasizing the importance of impartiality and the random selection process.
• 👥 Jurors are ordinary citizens who participate in the judicial system by giving up their time to make decisions in cases, distinguishing their role as 'judges of the facts' from the judge's role as 'judge of the law'.
• 👮‍♂️ The script mentions different types of courts, such as the Supreme Court and County Court, and their respective roles, with the Supreme Court primarily handling serious criminal cases like murder and major fraud.
• 📖 The process includes preliminary issues and opening arguments before the actual trial begins, highlighting the complexity that can be involved in legal proceedings.
• 🔍 Jurors are expected to keep an open mind, listen carefully to the evidence, and ask questions to the judge if needed, underlining the importance of active participation and understanding.
• 🚫 The script explains the conditions under which a potential juror may be excused from service, such as personal connections to the accused or witnesses, or other hardships.
• 🙅‍♀️ Individuals who know the accused or are aware of the case details that could affect their impartiality are encouraged to apply to be excused, to maintain the integrity of the trial.
• 🤝 The selection of the jury involves challenges from both the defense and prosecution, allowing each side to exclude potential jurors without needing to provide a reason.
• 📜 The jurors swear an oath or affirmation to faithfully and impartially try the issues presented in the trial, signifying their commitment to the judicial process.
• 🗣️ The foreman, elected by the jury, acts as the spokesperson and organizer for the group during deliberations, highlighting the collaborative aspect of jury decision-making.
• 🏛️ The script concludes with the opening address by the prosecutor, setting the stage for the presentation of evidence and the beginning of the jurors' deliberative responsibilities.

Q & A

What is the purpose of the jury in a court trial?

The purpose of the jury is to decide the facts of the case based on the evidence presented. They are ordinary people who listen to the evidence and make a decision on the guilt or innocence of the accused, separate from the judge who is the expert on the law.

How are jurors selected for a trial in Victoria?

Jurors are selected randomly from a pool of potential jurors. The selection process involves using names or numbers based on a decision by the judge, ensuring a fair and unbiased selection.

What is the role of the judge in a trial?

The judge presides over the court to ensure that the evidence is presented fairly to the jury. They are the judge of the law and inform the jury of the legal principles relevant to the case, but they do not participate in deciding the facts.

What happens if a juror knows the accused or any of the witnesses?

If a juror knows the accused or any of the witnesses, they should inform the court and apply to be excused. This is to ensure impartiality and prevent any pre-existing knowledge from affecting the juror's ability to make a fair decision.

What is the significance of the opening address by the prosecutor?

The opening address by the prosecutor sets the stage for the trial. It outlines the prosecution's case, the evidence they will present, and the legal arguments they will make to convince the jury of the accused's guilt.

What is the role of the foreman in a jury?

The foreman acts as the spokesperson for the jury, conveying any questions the jury might have to the judge. They also help organize the jury's deliberations and may chair the discussions.

How long is the trial expected to last in the script?

The trial mentioned in the script is expected to last approximately three weeks, indicating a relatively lengthy and complex case.

Why might a person be excused from jury service?

A person might be excused from jury service if the dates or length of the trial would create real hardship, or if they have pre-existing knowledge about the accused, witnesses, or the case that could affect their impartiality.

What is the process if a juror realizes they know someone involved in the case during the trial?

If a juror realizes they know someone involved in the case during the trial, they should bring it to the judge's attention. The judge will then decide whether the juror should be excused, which may lead to restarting the trial with a new jury.

What does the script suggest about the importance of a diverse jury?

The script suggests that a diverse jury is important because it brings together a variety of life experiences and perspectives. This diversity helps in making a more comprehensive and fair decision on the case.

What is the significance of the oath or affirmation taken by the jurors?

The oath or affirmation taken by the jurors is a formal promise to faithfully and impartially try the issues of the case. It signifies their commitment to uphold the principles of justice and fairness throughout the trial.

Outlines

00:00

🏛️ Introduction to Jury Service in Victoria

This paragraph introduces the concept of jury service in Victoria, emphasizing its importance in the legal system. It describes the process of jurors being summoned to participate in trials, the different types of courts they may serve in, and the fundamental principle of justice remaining consistent across all venues. The script outlines the beginning of a trial in the County Court, where the accused, John Henderson, is charged with a crime, and the preliminary issues that may arise before the trial proper begins.

05:06

📝 Jury Selection and Civic Duty

The second paragraph delves into the process of jury selection, highlighting the random nature of the selection to ensure impartiality. It discusses the roles of the judge and the jury, with the jury deciding the facts of the case and the judge interpreting the law. The script also touches on the civic duty of serving as a juror, the possibility of being excused due to hardship or pre-existing knowledge of the case or parties involved, and the importance of jurors maintaining an open mind and asking questions to the judge if needed.

10:09

🚫 Excusing Jurors and the Impact on Trials

This paragraph focuses on the scenario where jurors may need to be excused from a trial due to personal connections with the accused or other extenuating circumstances. It illustrates the process of jurors coming forward to request excusal, taking an oath, and explaining their reasons to the judge. The script also discusses the potential consequences of excusing jurors, such as the need to restart a trial with a new jury, which can lead to increased costs and inconvenience.

15:19

🔄 The Challenge Process and Jury Formation

The fourth paragraph describes the challenge process during jury formation, where both the accused and the prosecution have the right to challenge potential jurors without needing to provide a reason. It explains the random selection of jurors and the importance of this process in preventing bias. The script also mentions the accused's right to challenge jurors and the prosecution's ability to reject them, ensuring that the final jury is unbiased and representative.

20:21

🏛️ The Role and Responsibility of the Jury

The final paragraph emphasizes the crucial role of the jury in the justice system, highlighting their responsibility to listen to the evidence and the judge's explanation of the law. It discusses the process of jurors swearing an oath or affirmation to ensure their commitment to an unbiased trial. The script also touches on the diversity of thought and life experiences that jurors bring to their decision-making process, which is considered integral to the democratic nature of the criminal justice system.

Keywords

💡Jury Service

Jury service refers to the civic duty of being selected to participate in a legal trial as a juror. It is a cornerstone of the justice system, ensuring that a fair and impartial group of citizens is involved in the decision-making process. In the video, jury service is highlighted as an essential part of the legal process across Victoria, where jurors are brought to participate in the system of law, deciding on the guilt or innocence of the accused.

💡Supreme Court

The Supreme Court is the highest court in a jurisdiction, often dealing with the most serious legal matters such as murder, attempted murder, and major fraud cases. In the context of the video, the Supreme Court is mentioned as one of the venues where the trial takes place, emphasizing its role in hearing significant cases and maintaining the rule of law.

💡Guilt or Innocence

Guilt or innocence is the determination of whether a person accused of a crime is responsible for that crime or not. It is the fundamental question that a jury must answer in a trial. The video script mentions this concept when discussing the trial of an individual accused of a crime, where the jury must decide if the accused is guilty or not guilty.

💡Preliminary Issue

A preliminary issue refers to a legal matter or argument that is addressed before the main trial begins. These issues can be complex and are resolved to set the stage for the trial proceedings. In the script, a preliminary issue is mentioned as the opening of a case, indicating technical arguments that are presented before the judge.

💡Jury Selection

Jury selection is the process of choosing jurors for a trial. It involves a random selection from a pool of potential jurors and may include challenges by both the prosecution and the defense. The video describes the selection process, emphasizing its randomness and the importance of impartiality in choosing jurors.

💡Impartiality

Impartiality is the quality of being unbiased or neutral, especially in considering evidence or making a decision. In the context of a trial, it is crucial for jurors to be impartial to ensure a fair trial. The video script discusses the importance of impartiality when jurors are instructed to keep an open mind and avoid any preconceived notions about the case.

💡Judge of Law

A judge of law is the presiding officer in a court who is responsible for interpreting and applying the law during a trial. They guide the jury on the legal aspects of the case and ensure that the proceedings are conducted fairly. The script mentions the judge's role in explaining the law to the jury and in keeping the two roles of law and fact separate.

💡Jury Foreman

The jury foreman is the leader or spokesperson for the jury. They are responsible for communicating the jury's questions and decisions to the court. In the video, the selection of a foreman is discussed, highlighting the importance of this role in facilitating communication between the jury and the court.

💡Challenge

A challenge in the context of a trial is the right of the prosecution or the defense to object to a potential juror's participation in the trial. This can be done without providing a reason. The script describes the process of challenges, where both the accused and the prosecution can challenge potential jurors to ensure an unbiased jury.

💡Deliberation

Deliberation is the process by which the jury discusses and evaluates the evidence presented during a trial to reach a verdict. It is a critical part of the justice system, where jurors use their judgment to decide on the guilt or innocence of the accused. The video script refers to the jurors' deliberations as the final step in the trial process, after the judge has explained the law.

💡Civic Duty

Civic duty refers to the responsibilities and obligations that citizens have towards their community or nation, such as serving on a jury. It is a fundamental aspect of democratic societies, where participation in civic activities contributes to the functioning of the justice system. The script emphasizes that while jury service is a civic duty, individuals may be excused for valid reasons, such as potential bias or hardship.

Highlights

The importance of jury service in the justice system and its role in maintaining the rule of law.

The description of the Supreme and County Courts and their similarities in process despite different appearances.

The opening of a criminal trial with a preliminary issue being discussed before the trial begins.

The random selection process of the jury from the pool room and its significance in ensuring fairness.

The role of the judge in overseeing the court to ensure fair presentation of evidence to the jury.

The specific jurisdiction of the Supreme Court in hearing major criminal and civil cases.

The process of jury selection, including the opportunity for the accused to challenge potential jurors.

The significance of a diverse jury bringing common sense and life experiences to the decision-making process.

The expectation for jurors to keep an open mind, listen carefully, and ask questions to the judge if needed.

The potential for jurors to be excused from service due to real hardship or knowledge affecting impartiality.

The actual examples of jurors being excused for knowing the accused or having personal conflicts of interest.

The importance of not letting personal knowledge of the accused affect the ability to serve impartially on a jury.

The impact of a jury's decision on the outcome of a trial and the weight of responsibility they carry.

The process of jurors swearing an oath or affirmation to ensure their commitment to an impartial trial.

The selection of a foreman from the jury to act as a spokesperson and facilitate communication with the court.

The role of the jury in representing democracy within the criminal justice system and its foundational importance.

The expectation for the jury to leave all prejudice outside the jury room and focus solely on the evidence presented.

The commencement of the trial with the prosecutor's opening address and the accused's brief reply.

Transcripts

all your details are correct on here yes

okay if you'd like to make you want to

write down the into the setting you'll

find to you coffee down there and that's

your number if we in panel by number

today thank you very much good morning

how are you which is the jury service

across Victoria the courts bring jurors

to participate in our system of law they

may sit in the paneled rooms of the

Supreme Court in a rule of law serving

its community or a city core of glass

and steel but in all of them justice

itself is the same

this could be any morning in any

Victorian port a person accused of

breaking the law is about to be tried

the police have alleged he has committed

a crime is he guilty or not guilty

yes I think that's the only outstanding

issue that silenced all stand please and

remain standing

this particular case is occurring in the

County Court the Supreme and country

courts may look different but the

process is basically the same you say a

place the Queen againts John Henderson

for trial yes mr. grant Your Honor there

is a preliminary issue cases often open

with technical arguments before the

judge they may be very complex when they

are completed the trial will begin and

the judge will call for the jury or I

take you for that

yes madam prosecutor yes thank you your

honor and should be aware document J was

sworn 20 October Nina baratti present

jury selection begins in the pool room

the pool room supervisor uses names or

numbers based on a decision by the judge

the selection is random present thank

you ladies and gentlemen would you

please follow the tip staff

ladies and gentlemen could you please

ensure that your mobile phones turned

off please those chosen proceeded to a

courtroom where a trial needs a jury

ladies and gentlemen please take a seat

some people are selected for a trial in

the Supreme Court they will be escorted

across the road by a jury keeper and the

judges tip staff people are not supposed

to talk to the general public anyone

accused of an offense all the lawyers on

their way to the Supreme Court members

the jury panel the trial about to

commence is a criminal trial

the accused James Smith is charged with

the murder of Walter green the offense

is alleged to have occurred at broad

meadows on the 14th of February 2005 the

trial itself is expected to occupy some

14 days on this occasion we will be

calling over the panel using the panel

numbers that you've been allotted rather

than your names

in a moment I'll read out to you the

names of the principal witnesses in this

case the judge presides over the court

to make sure the evidence is presented

fairly to the jury the role of the

Supreme Court is essentially to hear

murder trials attempted murder trials

and and manslaughter trials as well as

major drug trafficking cases and

large-scale commercial fraud the

jurisdiction of the court is

all-encompassing supreme court can hear

any trial but the vast majority of trial

work in the other areas of the law is

done by the County Court courts may

differ in appearance but the roles are

the same silence or stamp loser remain

standing

or persons having business before this

honorable Court are commanded to give

their attendance and they shall be heard

be seated please

the Queen against John Henderson for

trial yes please arraigned the accused

are you John Henderson I am the Director

of Public Prosecutions presents the John

Henderson at Melbourne did between the

1st of May and the 2nd of June conspire

with others to cheat and a fraud Niagara

Bank I'll say you John Henderson are you

guilty or not guilty not guilty Thank

You mr. Henderson you can take a seat

again hmm

well members of the jury panel you've

been brought into this Court in order

for a number to be selected as a jury in

this trial this is a criminal trial and

as you have just heard the accused man

whose name is John Henderson has pleaded

not guilty to one count of conspiring to

cheat and a fraud V Niagara Bank between

the role of the jury has been developed

through centuries of tradition they are

not lawyers or experts they are ordinary

people giving up their time to make a

decision in each case the jury actually

decides the facts that's different of

course to the judge who in each case is

the judge of the law and they will tell

the jury so much of the law as they need

to know in order to decide the facts the

judges of the law such as myself have no

decision no role in the decision of

deciding the facts so the sorts of

things that juries need to do is to of

course keep an open mind listen

carefully to the evidence and ask

questions to the judge but nobody else

about things that they need to know

involved in the case issues they might

have reminders about the evidence that's

part of the importance in having both a

judge of the law and judge of the facts

that the two roles are kept separate but

they work together in

administering the justice in this state

the trial itself is expected to last

approximately three weeks that is a

relatively lengthy trial and it may be

that you will have other matters that

you need to attend to in that time while

jury service is a civic duty people may

be excused if the dates or length of the

trial will create real hardship this is

your only chance to tell the court about

it but there's one other very important

reason for being excused it's really

important that if somebody knows

something about the accused or about any

of the witnesses or any of the

circumstances surrounding the

allegations of the offense that a person

applies to the judge to be excused

sometimes a person thinks maybe it won't

be a problem but it's much much better

to let the judge make up their mind

about that all that it may not be

sufficient that someone has read about

an accused or the case in a newspaper

that can often happen particularly in

small country towns where it may well be

that the person is known within the

community it's a case of using your

common sense and if you believe that

your knowledge of the person or of the

case might affect your ability to be

impartial that are in those

circumstances you should indicate to the

court those concerns members of the jury

panel please answer present or excuse

when your names are called and remain

seated

Mariola Simpson present Martin tan

excuse daniel east prison leo davis

excuse nina Bonacci excuse hate if

there's any doubt about this the judge

should be told if they're embarrassed

people can even hand up a note to the

judge is there any juror present whose

name has not been called or jurors

present your honor thank you madam

associate well now those jurors who wish

to apply to be excused

that being Nina baratti leo Davis and

Martin tan would you please come forward

to stand near the witness box and bring

with you your summonses and any other

documentation you wish to rely on

in order to make your application to be

excused and I will hear those now

thank you what is your full name Nina

baratti lift up the Bible in your right

hand and repeat after me I swear by

Almighty God I swear by Almighty God

that I'll give true answers but I will

give true answers to all questions put

to me to all questions put to me by this

honorable Court by this honorable Court

thank you put the Bible down yes miss

Bonacci

why do you ask to be excused from the

jury in this matter I I know John the

accused we were neighbors for many years

and our families know each other yes all

right well thank you very much for

bringing that to my attention that is

exactly the sort of situation in which

it would not be appropriate for a person

to serve on the jury so I will excuse

you from this trial but I hope that you

may be selected on another jury in this

Court thank you oh it was pretty hard

asking to be excused in front of all

those people but you know it was

important and the judge did the right

thing our families were neighbors we

knew each other I mean how could I look

at him just like he was anybody else he

want to make excuses for people you know

don't you there have been occasions when

jurors have found out later or realize

later that they know somebody involved

in the case or particularly know the

accused and when there comes to the

attention of the judge as it should that

can sometimes mean the trial has to be

stopped

and then started again with the new jury

impaneled

and that of course creates cost to the

community and inconvenience and perhaps

unnecessary hardship to the participants

in the trial the accused and other

witnesses I swear by Almighty God I

swear by Almighty God that I'll give

altum Utley the judge will decide

whether to accept the excuse most

reasons are accepted but some are not

important enough you put the bottle down

yes mr. Davis why do you seek to be

excused from this jury uh uh I'm a

little diffident in putting this forward

as an excuse your honor but it's

important to me I've been a member of a

bowls club for 20 years and I play big

red pennant everywhere

day we've been Easybeats for many years

but over the past few weeks we've been

on a winning streak I hate to let the

rest of the team down well I'm pleased

to hear about your recent successes but

I take it that you have reserves for the

team when someone's ill or away yes

that's true your honor but they're not

as good as I am well I think the or team

members will have to rise to your

challenge and your standard and take

your place because it is much more

important that you serve on the jury so

I do not think that I will excuse you in

this case yeah

I promised the team I'd give it a go

they were pretty insistent even though I

told them I've been on a jury before and

it was a really interesting week I I

don't feel bad about not being excused

funnily enough I'm looking forward to it

now I want to do a good job yeah see

there's a challenge

judges are after all human beings and as

a result of course they differ in their

approaches to how they go about their

task some judges are less formal sub

genders are more for some might sit

there more quietly than others others

might be more interventionist ooh ask

more questions but whatever the approach

the aim at the end of the day is to

ensure that there's a fair trial

accused the names you are now here

called are the jurors who are to pass

between our sovereign lady of the Queen

and you upon your trial if you wish to

challenge them you'll do so as the names

are called and before they take their

seat in the jury box

the process of selecting the jury

continues the accused is allowed to

challenge up to six potential jurors

without explaining why his solicitor

will advise him Your Honor may my

instructing solicitor assist mr.

Henderson in the selection of the jury

certainly mr. grant yes thank you in the

same way the prosecutor has a similar

right to reject jurors members of the

jury panel as your names are called

please take your seats in the jury box

and let's challenge by the accused or

directed to stand aside by the crown

Cora Hansen housewife

the jury is chosen randomly this means

no one can ever put anyone on a jury to

stack the result this is why the jurors

names or numbers are shuffled several

times

cliff Doggett Administration Officer

stand aside please when the jury panel

comes into court it's necessary to

select 12 of their number to become the

jury who will ultimately decide the case

in order to do that there are available

to the accused and to the prosecution

the opportunity to challenge or stand

aside prospective jurors for the accused

that is a fundamental right that he or

she has in order to ensure that his jury

is chosen from the panel to create an

unbiased jury Adrian Prison shop

assistant

a challenge leo Davis retired public

servant

Mariola Simpson home duties

sometimes in long trials up to 15 jurors

may be selected

now take your papers

same place

Challenge this is always a difficult

moment for jurors after all they're on

display

if jurors are challenged they shouldn't

feel embarrassed or offended and they

return to the pool room to wait for

another trial I think the main purpose

of challenge is to reassure the accused

person that the jury considering their

trial doesn't contain anybody who the

accused person feels is prejudiced or

not impartial sometimes the challenges

are used just to even up the gender

balance on the jury or to get an age

range which everybody involved with the

case feels is appropriate to the subject

matter of the case you don't know very

much about the jurors just their

appearance their occupation and on

occasions their names so it's an

intuitive decision-making process and it

has all the limitations of judging a

book by its cover or by its title

members of the jury as your names are

called please stand and remain standing

Luciana agencia Martin tan the jury is

taking on a very important

responsibility they will listen

carefully to the evidence and the judges

explanation of the law those wishing to

affirm please be seated

would you please lift up the Bibles you

and each of you swear by Almighty God

that you will faithfully and partially

try the issues between the crown and

John Henderson commencing with the juror

in the front row

nearest your honor please repeat in turn

I swear by Almighty God to do so I swear

by Almighty God to do so working

together they will make sure their

decision is objective and unbiased when

they've heard all the evidence Almighty

God to do so what the jurors we wished

the affirmation please stand you and

each of you do solemnly sincerely and

truly declare and affirm that you will

faithfully and impartially try the

issues between the crown and John

Henderson in relation to all charges

brought against John Henderson I do so

declare and affirm I do so declare and

affirm thank you please be seated

is there any reason to retain the

balance of the jury panel madam

prosecutor no your twelve people have

now been chosen everyone else returns to

the pool room to see if they're required

for another trial and I thank you for

your willingness to participate in this

trial thank you I've been very impressed

with the quality of juries I think from

my experience every jury has brought a

very considerate approach to the

evidence in other words they've

carefully thought about it certainly

given that impression that they have

taken their role very seriously

and being a particularly attentive and

during the giving of evidence in

listening to the evidence members of the

jury now selected in a moment I'm going

to ask you to go into the jury room and

select a person as your foreman the role

of the foreman is really to act as the

spokesman of the jury and to convey any

questions to me that the jury might have

for that reason the person chosen is the

foreman sits in the seat closest to me

and closest to the microphone so that

anything that is said is recorded when

you ultimately come to deliberate on

your verdict then it will be up to you

how you organize yourselves but it may

be that the person you choose is Foreman

will chair those discussions I'll now

ask you to go out to the jury room and

choose your foreman thank you ladies and

gentlemen if you could follow me please

it's up to the jury to elect the

foreperson and to decide how to do it

the jury is at the heart of the process

everyone else depends on their

deliberations and they will be treated

with respect

a good jury leaves all prejudice and

sympathies outside the jury room door

it's an analytical task an intellectual

task and they must sit through the

evidence and determine the fate of the

accused members of the jury have you

agreed upon your Foreman how we have the

accused is now in challenged about a

prosecutor juries bring to the case

their innate common sense and their

varying experiences of life and I think

it's much preferable to have a diverse

number of Minds being brought to bear on

a criminal problem say one might of a

crusty old judge juries really represent

democracy coming into the criminal law

and to my mind they are the cornerstone

of the criminal justice system first of

all we'll hear the opening address from

the prosecutor and then shortly after

that the brief reply on behalf of the

accused following that we will hear the

evidence in this trial after that I will

tell you some matters about the law so

much of the laws you will need to know

in order to decide the facts and after I

have done that then you will be asked to

begin your deliberations in this matter

and I'll now call on the prosecutor to

make her opening address thank you

yes murder prosecutor

mr. Foreman members of the jury the jury

is composed of ordinary people selected

at random they are surrounded by

professionals legal language and ancient

rituals and yet it's the jury which is

central to our process of justice they

make the decision yes mr. grant mr.

Foreman

members of the jury what you have just

heard because in our system you are only

guilty if this is the verdict of the

jury on the evidence and without bias

and with the wisdom of experience

you

you

you

you