Questions and Answers
What is the standard time period a jury must deliberate before a majority verdict can be considered?
In the event of a jury reduced to nine members, what is required for a verdict?
What is the judge's obligation regarding directing the jury about alternative offences?
What are the permissible majority verdicts in a jury consisting of twelve members?
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In what circumstance should a court leave an alternative charge to the jury?
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What is the role of the judge concerning jury questions?
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What happens if the foreman fails to state the size of the majority for a guilty verdict?
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What is true concerning the jury's method of delivering a verdict?
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Which of the following correctly states the requirement for a majority verdict handling?
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What occurs if the accused dies during the jury's retirement?
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What is an obligation of the jury foreman when a verdict of guilty is reached?
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What practice is typically followed regarding partial verdicts from the jury?
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Which condition limits the judge's ability to add an alternative charge?
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Which option reflects the time calculation for a jury's deliberation period?
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What is the role of the jury foreman during the verdict process?
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Which of the following statements about jury instruction and alternatives is accurate?
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What is the judge's primary responsibility during a trial?
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How should a judge address the jury regarding their verdict?
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What is the role of the jury foreman?
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What may occur if a judge fails to advise the jury about the requirement for a unanimous verdict?
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What is critical for a judge when commenting on evidence presented during a trial?
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When is it appropriate for a judge to allow a majority verdict?
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What must the jury be made aware of regarding opinions expressed by the judge?
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Which of the following is NOT a function of the judge in relation to the jury?
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What behavior must jurors exhibit while considering their verdict in order to prevent outside interference?
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How should jurors communicate their questions to the judge during their retirement?
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What must the judge do upon receiving a jury's communication concerning a trial issue?
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What is the main purpose of the procedures established for jury communication with the judge?
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In what circumstance can a judge handle a jury's request without bringing them back to court?
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Which of the following statements is true regarding the jury's instructions during a trial?
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What should happen if the jury communicates information they should not have shared?
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What is the role of the jury foreman during deliberations?
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What is the primary role of the judge during jury summing-up?
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What should a judge include when directing a jury on the elements of an offence?
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According to CJPO 1994, what inference can the jury draw from a defendant's silence during questioning?
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What is required of the judge regarding significant facts during jury direction?
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What is a critical component of a jury's understanding of their task?
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When might a judge need to summarize the arguments of both sides?
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Which of the following best describes how a judge should address jury questions?
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What should a judge avoid during jury instructions to ensure clarity?
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Study Notes
Judge's Responsibilities
- Judges must present matters clearly, impartially, and logically, avoiding sarcasm or extravagant commentary.
- Defendants are entitled to a fair presentation of their case to the jury, regardless of the offense's nature or the defense's credibility.
- Judges can comment on evidence while indicating their views, provided the jury knows they can disregard these opinions.
- Comments critical of the defense are allowed but must not overshadow the jury's responsibility to decide guilt or innocence.
Jury Foreman Appointment
- At the end of the summation, judges should instruct jurors to appoint a foreman to announce their verdict.
Jury Unanimity
- Judges should encourage jurors to reach a unanimous verdict.
- A jury's failure to achieve unanimity does not automatically invalidate a conviction.
- Judges must initially guide jurors towards a unanimous decision without specifying how long they should deliberate before considering a majority verdict.
Jury Deliberation Rules
- Jurors are required to remain together without separating during deliberations, under the supervision of jury bailiffs, to prevent outside interference.
Jury Questions
- Jurors can submit questions to the judge via jury bailiffs, ensuring transparency and proper assistance on legal matters.
- Any jury communication unrelated to the trial can be dealt with without counsel or jury present.
- Most jury communications should be disclosed in open court, with counsel consulted for assistance when applicable.
- Judges must avoid revealing inappropriate detailed information when handling jury communications.
Majority Verdicts
- Traditionally, jury verdicts required unanimity, but some majority verdicts are acceptable under specific conditions.
- A majority verdict can only be accepted after a reasonable deliberation period, not less than two hours, including time spent on inquiries.
Majority Requirements
- Acceptable majorities include 11-1 or 10-2, and in cases of juror discharge, 10-1 or 9-1.
- If a jury is reduced to nine, a unanimous verdict is essential; failure to comply with majority reporting rules can lead to quashing a conviction.
Judge's Direction on Alternative Offences
- Judges are not required to direct jurors on the option of alternative offenses unless such possibilities arise from evidence presented.
- The court should consider justice and potentially direct the jury on lesser offenses when evidence suggests it.
Verdict Delivery Procedure
- Verdicts must be delivered in open court, in the presence of the accused (except if they have died).
- The foreman responds to the clerk's inquiries regarding the jury's decision, and jurors can issue partial verdicts for different counts or defendants.
Jury Instructions on Offence Elements
- Judges must explicitly guide juries regarding the ingredients of the offense and isolate key issues for consideration.
- Summing up requires a clear understanding of the case's specific challenges, the burden of proof, and concise summaries of the evidence.
Inferences from Silence
- Under CJPO 1994, sections 34 and 35, juries may draw inferences from a defendant's failure to answer questions or testify.
- Judges should highlight significant facts that support inferences and remind juries of any justifications for the defendant’s silence.
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Description
This quiz focuses on the principles of legal ethics that judges must adhere to during court proceedings. It emphasizes the importance of impartiality, clarity, and the proper conduct of judges when interacting with juries. Topics include the fair treatment of defendants and the responsibilities of the judge in maintaining courtroom decorum.