How is a serious criminal case tried and what does the jury do?
Describe the criminal trial process and the role and operation of the jury.
The stages of a criminal trial in Tasmania and the role, selection and operation of the jury in serious criminal matters.
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What this dot point is asking
This dot point asks you to describe the stages of a criminal trial and to explain what the jury does and why it matters.
The stages of a criminal trial
A serious criminal trial in the Supreme Court of Tasmania follows a recognisable structure:
- Arraignment and plea: the accused is formally charged in court and enters a plea of guilty or not guilty. A guilty plea moves the matter straight to sentencing.
- Empanelling the jury: where the accused pleads not guilty, a jury is selected from the community.
- Prosecution case: the prosecution outlines its case, then calls witnesses who give evidence and are cross-examined by the defence.
- Defence case: the defence may call its own evidence and witnesses, who can be cross-examined by the prosecution. The accused cannot be forced to give evidence, reflecting the right to silence.
- Closing addresses: both sides summarise their arguments to the jury.
- Judge's summing up: the judge explains the relevant law to the jury and reminds them that guilt must be proved beyond reasonable doubt.
- Verdict and sentence: the jury deliberates and delivers its verdict. If the verdict is guilty, the judge later imposes a sentence.
The role of the jury
The jury is a group of ordinary citizens, twelve in a Tasmanian criminal trial, who decide whether the prosecution has proved its case. The jury system brings community judgment into the courtroom, is intended to protect against oppressive or politically motivated prosecutions, and reflects the idea of being judged by one's peers. Jurors are selected at random from the electoral roll, and both sides may challenge a limited number of potential jurors during selection. The jury must reach its verdict based only on the evidence presented in court and the law as explained by the judge.
Jurors are expected to reach a unanimous verdict, meaning all twelve agree. Where the jury cannot agree after a reasonable time, the law allows a majority verdict in some circumstances, and if no verdict can be reached at all the jury is discharged and a retrial may follow before a new jury. During the trial jurors must not discuss the case with anyone outside the jury room or research it themselves, because the verdict must rest only on the evidence tested in open court. These rules protect the fairness and impartiality of the trial.
Strengths and weaknesses of the jury
The jury system has both supporters and critics. Strengths include community participation, the legitimacy of a verdict reached by ordinary citizens, and a safeguard against the misuse of state power. Weaknesses include the risk that jurors may not fully understand complex evidence, the cost and delay involved, and the possibility of bias or exposure to outside information such as media coverage. Trial judges manage these risks through directions, suppression orders and, in some cases, by allowing trial by judge alone.
For exam answers, set out the trial stages in order, explain the division between judge (law) and jury (facts), describe how the jury is chosen and what it must do, and be ready to evaluate the jury system's strengths and weaknesses.
Exam-style practice questions
Practice questions written in the style of TASC exam questions on this dot point, with worked answer explainers. The year tag is the paper they imitate, not the source.
TCE 20216 marksDescribe the division of functions between the judge and the jury in a criminal trial.Show worked answer →
A 6 mark response needs both roles and the clear line between them.
The judge. The judge controls the trial: ruling on questions of law, deciding what evidence is admissible, managing procedure, and summing up by explaining the relevant law to the jury and reminding them that guilt must be proved beyond reasonable doubt.
The jury. The jury of twelve citizens is the sole judge of the facts. It listens to the evidence, applies the law as the judge explains it, and decides whether the accused is guilty or not guilty.
The line. The judge does not tell the jury what verdict to reach, and the jury does not decide the law or the sentence. Markers reward stating "judge decides the law, jury decides the facts" and noting that sentencing is the judge's job, not the jury's.
TCE 202312 marksEvaluate the use of juries in serious criminal trials in Tasmania, referring to both strengths and weaknesses.Show worked answer →
A 12 mark evaluation needs strengths, weaknesses, and a reasoned judgement.
Strengths. The jury brings community participation and the legitimacy of a verdict reached by ordinary citizens. It is a safeguard against oppressive or politically motivated prosecutions, reflects the principle of being judged by one's peers, and spreads responsibility across twelve people rather than one decision-maker.
Weaknesses. Jurors may struggle with complex or technical evidence, trials with juries are slower and more expensive, and there is a risk of bias or exposure to outside information such as media coverage. Jurors give no reasons for their verdict, so an error is hard to detect.
Management. Note that judges manage these risks through directions, suppression orders, and in some cases trial by judge alone.
Judgement. Conclude with a clear position, for example that the jury remains a valuable democratic safeguard despite real cost and comprehension concerns. Markers reward a balanced evaluation that reaches a defended conclusion rather than just listing points.