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Compare the role of a criminal jury with that of a civil jury. - VCE - SSCE Legal Studies - Question 6 - 2016 - Paper 1
Question 6
Compare the role of a criminal jury with that of a civil jury.
Worked Solution & Example Answer:Compare the role of a criminal jury with that of a civil jury. - VCE - SSCE Legal Studies - Question 6 - 2016 - Paper 1
Step 1
Similarities between a criminal jury and a civil jury
Answer
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Decision Maker: Both types of juries are responsible for making decisions based on the facts presented and the evidence provided in court.
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Basis of Decision: Jurors in both courts base their decisions solely on the evidence and instructions given by the judge, without any external influence.
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Unanimous Verdicts: In both criminal and civil trials, while a unanimous decision is generally expected, in certain cases, a majority decision can be permissible under specific circumstances.
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Listening to Evidence: Jurors are tasked with listening carefully to the evidence provided, as well as adhering to the guidelines provided by the judge during the trial.
Step 2
Differences between a criminal jury and a civil jury
Answer
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Involvement in Sentencing: Jurors in a criminal trial do not play a role in the sentencing phase if the defendant is found guilty, as this decision is typically made by the judge. In contrast, civil jurors may be involved in determining damages if there is a favorable verdict for the plaintiff.
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Nature of the Trial: A criminal trial centers around whether a defendant has committed a crime and should be punished, whereas a civil trial addresses disputes between parties, often regarding compensatory or punitive damages.