The Civil jury system : an empirical study

The Australian civil jury system was subjected to enormous criticism in the 20th century. The criticism has, in most Australian states, lead to a severe reduction and, in some cases, the abolition of the civil jury system. Victoria is the main exception to the Australia-wide reduction in the occurrence of civil juries. Should the Victorian Government follow most other Australian and overseas jurisdictions and abolish the chill jury? My thesis tests the proposition in two ways; first, by conducting empirical research into the manner in which jurors, judges and court staff view the operation of the civil jury system, and second, by assessing the current debate about the civil jury system in the light of the empirical evidence. It is intended that this research will contribute to realist jurisprudence by finding out how the law works in operation as compared to the written law. This study provides insight into the human experience of those most intimately involved in the civil jury trial process: jurors, judges and court staff. The results of the research will have relevance for both critics and defenders of the jury system, and will provide fresh material for the ongoing jury debate. It is not, the intention of this thesis to provide a complete guide to the workings of the civil jury system. My contribution is limited to the thorough exploration of three themes that I have identified as being some of the most persuasive arguments made in the debate. This research will not end the debate, but will direct the debate to focus on better-informed arguments. The three main themes for analysis are: 1. Perceptions of the judges, jurors and court staff of the civil jury trial system; 2. Perceptions of the jurors and judges as to whether contemporary civil jury trials are too complex for the average layperson to understand; and 3. Whether the demographic make-up of the Victorian community is adequately represented in the civil jury. Each of these three themes has been located in an historical context. The conclusions I made are compared to previous relevant empirical work. Finally, policy issues and arguments regarding both the abolition and retention of civil juries have been evaluated in light of my empirical data. The thesis concludes that the civil jury system in Victoria should not be abolished. Recommendations for improvement of the civil jury system are made.