Introduction

Oath : Will the jury please stand and raise your right hand? [Wait for everyone to stand.] Do each of you swear that you will fairly try the case before this court and that you will return a true verdict according to the evidence and the instructions of the court, so help you, God? Please say “I do”. [ jurors to say “I do.”] You may be seated.

Please consider the instructions in this section, where we will be going over suggestions on how to organise deliberations, how to consider the evidence and also how to reach a verdict. Remember, deliberations can happen however jurors wish to, as long as it is following the judge’s directions about the law.

• Deliberations start after the final addresses from the counsel’s and judge’s directions. Here are some guidelines to respect and remember during the discussions;

• Respect the opinions and viewpoints each juror brings to this case

• Ensure that each juror is given a fair opportunity to express their thoughts

• As this is a discussion, jurors are allowed to discuss, modify, and change their stances on the case

• Jurors should think critically about their verdict, and should come to that conclusion without direct influencing and pressure from the peers

• Jurors should take time with forming their verdict. Each thought and opinion is important in the final verdict, so jurors should take their time

• Inquires and statements made about the case and defendants cannot be derived from external sources like the internet

• Jurors are advised to take notes during discussions in order to better organise discussions and stances

• Most importantly, the judge’s instructions should be followed

Selection of Jury

When arriving at court your identification will be checked so that no imposters are using your name to influence the verdict.

Before becoming the jury, one is called into the courtroom by a court official. After this, the individual must either take an oath on the holy book of their choice or they must affirm.

The court clerk will call all the volunteers of the jury one by one to the jury box. This is where all members of the jury will stay through the duration of the trial.

After the oath/affirmation the individual is now part of the jury

During the Trial

During the trial process members of the jury are given note pads and a pen for note taking. This is not required but it is recommended.

At the start of the trial members of the jury are given an indictment showing all the charges against the defendant

The closing speeches are given by the defence and prosecuting advocate will be mainly directed to the jury as they argue their respective cases.

At the end of the trial process, the judge will compile and explain all the facts of the trial to the members of the jury. After the explanation the judge will give directions about their duties as a jury before the members withdraw to the jury deliberation room to consider the verdict.

In the Jury Deliberation Room

An Usher leads all the members of the jury to a separate room. When going into the room members of the jury are allowed to bring the notes taken through the course of the trial process as well as the indictment list.

In the room members of the jury will not be allowed to have any contact with anyone outside the room except by giving a note through the usher.

This room is where members of the jury collectively comes to a consensus on whether the prosecution has proved the defendant guilty or not based on the evidence displayed, the argument of both parties and the directions given by the judge.

Plenty of time will be provided to the members of the jury to decide the verdict on the case. In situations where there is disagreement between the members of the jury the judge will take the verdict that the majority of members have decided to give.

Discussions

Before discussing the evidence and law surrounding the case, jurors are advised to review the judge’s instructions and any specific rules or procedures they have requested the jurors to follow. Additionally, during this initial period of discussions, jurors can also discuss their initial thoughts on the case, talk about the structure of the deliberation and how they want it to go, and also how to handle the voting.

Here are some other suggestions on how to go about the deliberations;

• Consider the judge’s directions that define each charge and list each separate element that makes up that charge

  • Review the evidence, oral assessment and exhibition for each of these elements and discuss if it has been proven to the required standard

• Consider the judge’s directions that define each defence and list each separate element that makes up that defence

  • Review the evidence, oral assessment and exhibition for each of these elements and discuss if it has been proven to the required standard

• Try to discuss each charge and defence one at a time

• Vote on each charge made

• Consider alternative charges that can be made in the criminal case

Assistance

In the event of a doubt, jurors can write a private message directly to the judge for assistance. Similarly, if there is confusion regarding the judge’s instructions, such as a legal principle or definition, that can also directly be addressed to the judge. This is important because jurors must gain full understanding of the instructions and context in order to have a proper deliberation.

Voting and the Final Verdict

When all the jurors have reflected and thought about their verdict, jurors are free to vote among themselves for the final verdict. This can be done by a raising of hands or a count via the zoom chat. If a consensus is not reached, jurors may reach out to the judge for assistance.

However, if a general consensus is reached in the deliberation, the jurors may present their final verdict to the judge. The common procedure for this process is usually presented in this order;

• The jury speaker tells the bailiff that a verdict has been reached.

• The judge calls everyone, including the jury, back into the courtroom(in this case, the main zoom meeting room)

• The judge’s associate asks the jury speaker if the jury has agreed on a verdict.

• The associate will then ask for the verdict on each charge.

• Once the jury speaker has stated the verdict, the associate will ask the jury collectively whether they each agree with what the speaker has stated.

After the final verdict has been approved, the jury will discharge the jurors from the trial. However, keep in mind that the jury service may not be over yet and new instructions might be given depending on the circumstances.

If the defendant is found guilty, the jurors can choose to remain in the courtroom and listen to the sentencing submissions and decision if they wish.

With that, the trial will officially be over as will the responsibilities of the jury.