Describe the criminal trial process and the role and operation of the jury.

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.

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.