32 replies to this topic

[Fordan]

Anyone from Australia looking at this thread?

If so, can you post how a trial goes on in Australia... for example do attorneys have the capacity to eliminate potential jurors based upon their knowledge about, say, diving, knowing someone that drowned, etc.

For that matter does Austrailia use Juries or Judges?

Basically the same as the US, it appears.

http://www.courts.ql...trict_Court.pdf

In a criminal trial, a jury decides questions of fact (that is, whether an accused person is guilty or not guilty), and a District Court judge decides questions of law (such as whether certain evidence is admissible).

The judge makes sure that proceedings are in keeping with the law and passes sentence if the jury reaches a verdict of guilty.

The jury consists of 12 people selected at random from the community. All 12 must agree on the verdict.

After both sides have presented their evidence and closed their cases, the judge sums up. During the summing up, the judge will direct the jury on the law and comment on the evidence.

The judge may explain to the jury what evidence can and can't be considered or what types of verdicts can be given. The jury is then asked to retire to the jury room to discuss the case and consider its verdict.

[secretsea18]

Anyone from Australia looking at this thread?

If so, can you post how a trial goes on in Australia... for example do attorneys have the capacity to eliminate potential jurors based upon their knowledge about, say, diving, knowing someone that drowned, etc.

For that matter does Austrailia use Juries or Judges?

Basically the same as the US, it appears.

http://www.courts.ql...trict_Court.pdf

In a criminal trial, a jury decides questions of fact (that is, whether an accused person is guilty or not guilty), and a District Court judge decides questions of law (such as whether certain evidence is admissible).

The judge makes sure that proceedings are in keeping with the law and passes sentence if the jury reaches a verdict of guilty.

The jury consists of 12 people selected at random from the community. All 12 must agree on the verdict.

After both sides have presented their evidence and closed their cases, the judge sums up. During the summing up, the judge will direct the jury on the law and comment on the evidence.

The judge may explain to the jury what evidence can and can't be considered or what types of verdicts can be given. The jury is then asked to retire to the jury room to discuss the case and consider its verdict.

But the question everyone wants to know is how random those 12 jurors really are. Can the attorneys deselect based upon the sort of questions the US attorneys are able to boot potential jurors off the panel?

[Fordan]

Anyone from Australia looking at this thread?

If so, can you post how a trial goes on in Australia... for example do attorneys have the capacity to eliminate potential jurors based upon their knowledge about, say, diving, knowing someone that drowned, etc.

http://en.wikipedia....trial#Australia

Challenging potential jurors
The voir dire system of examining the jury pool before selection is not permitted in Australia as it violates the privacy of jurors. Therefore, though it exists, the right to challenge for cause during jury selection cannot be made much use of. Peremptory challenges are usually based on the hunches of the counsels and no reason is needed to use them. All Australian states allow for peremptory challenges in jury selection, however, the number of challenges granted to the counsels in each state are not all the same. Until 1987 New South Wales had twenty peremptory challenges for each side where the offence was murder, and eight for all other cases. In 1987 this was lowered to three peremptory challenges per side, the same amount allowed in South Australia. Eight peremptory challenges are allowed for both counsels for all offences in Queensland. Victoria, Tasmania and the Northern Territory allow for six. Western Australia allows five peremptory challenges per side, according to section 104 of the Criminal Procedure Act 2004 (WA).

So the sides can challenge, but not ask questions of the jurors. I believe from a Juror's handbook I saw (http://www.courts.ql...or_handbook.pdf) that they get name, city, and occupation, and that's it. I'm guessing professional divemasters may not get empaneled, but that's about it.