Recently there have been critical calls to fix Queensland’s jury system. The current jury system is said to be outdated and as Ian Turnball (2001) states “Our jury system is a legacy of England's distant past.” However for a change to occur, an investigation of the history, strengths and weaknesses of the jury system must be made. To then allow a discussion of the alternative strategies or recommendations to improve the effectiveness system. The right to trial by jury was enabled when the constitution of Queensland was passed in 1867. A jury is a group of 12 citizens chosen to represent the society and listen to the trial of an indictable offence. They are required to decide, based on the evidence and facts presented at trial, the guilt or innocence of an accused whilst ensuring justice. The relevant legislation that governs the jury system in Queensland is the Jury Act 1995 (QLD).The purpose of this legislation is to provide information on who is suitable to become a juror, who can excused from their jury duties and to help prepare a prospective juror. The stakeholders in the current jury system include: The accused, which rely upon the jury to ensure their justice; the victim of a crime, of who depend on the system to make certain the accused is punished for the harm they may have caused them; The law makers of the state, the government, due to their involvement in the system; as well as the court, that use this system to serve justice and to determine the innocence or guilt of an accused. There is no doubt that the current jury system has several strengths. In the current jury procedures, all twelve jurors must agree upon the verdict of a case. As a result, the unanimous outcome is more likely to be accepted by soci... ... middle of paper ... ...ve societies involvement and it would be too much pressure on one person to lay the burden of the verdict. Therefore removing the unanimous verdict would be a more appropriate change. This way, Queensland’s system is consistent with most other states. Not only is this method quicker and cheaper it also places less pressure on jurors to achieve unanimity. Evidently, Queensland’s jury system is not up to standard. This is apparent when the history, strengths and weaknesses are explored and when it is compared to alternative systems such as the ones used in other Australian states. Works Cited Turnbull, I. 2001. A suggested alternative to Australia's jury system. http://www.onlineopinion.com.au/view.asp?article=1273 (accessed June 4, 2011) Constitution Act 1867. 2002. http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/C/ConstA1867.pdf (accessed May 28, 2011)
Jury nullification is the process by which the panel of juries acquit the defendant regardless of evidence provided. Jury are also able to nullify the law if it is applied unjustly, again, regardless of supporting evidence or instructions from the judge. It is clear that there are both, strengths, and weaknesses of this process, which will be discussed in this paper. This paper will champion jury nullification within the Canadian justice system, discuss its pros and cons, as well as propose changes to the process. Ideas of morality, fallibilities of rule of law, and social change will be explored in relation to jury nullification and its effects on the legal system within Canadian
This chapter is mainly devoted to the jury selection process and how it is taken care
The jury system originated in England and has so far failed in cases (all too common) when defendants are wrongfully prosecuted or convicted of crimes which they did not commit. In societies without a jury system, panels of judges act as decision makers.
The American Jury system has been around for quite some time. It was the original idea that the framers of the constitution had wanted to have implemented as a means of trying people for their illegal acts, or for civil disputes. The jury system has stood the test of time as being very effective and useful for the justice system. Now it has come into question as to if the jury system is still the best method for trials. In the justice system there are two forms of trials, one being the standard jury trial, where 12 random members of society come together to decide the outcome of something. The other option would be to have a bench trial. In a bench trial, the judge is the only one deciding the fate of the accused. While both methods are viable
Mention the pros and cons of our jury system and possible alternatives of it. Also, identify the group dynamics of the jury members
Smith, William (1997) “Useful or Just Plain Unfair? The Debate Over Peremptories; Lawyers, Judges Spllit Over the Value of Jury Selection Method” The Legal Intelligencer, April 23: pg 1.
... of the juror’s and their sentencing or decision making in our study but further research could be carried out solely into how political attitude could also influence the jury-decision making.
At trial, your life is in the palms of strangers who decide your fate to walk free or be sentenced and charged with a crime. Juries and judges are the main components of trials and differ at both the state and federal level. A respectable citizen selected for jury duty can determine whether the evidence presented was doubtfully valid enough to convict someone without full knowledge of the criminal justice system or the elements of a trial. In this paper, juries and their powers will be analyzed, relevant cases pertaining to jury nullification will be expanded and evaluated, the media’s part on juries discretion, and finally the instructions judges give or may not include for juries in the court. Introduction Juries are a vital object to the legal system and are prioritized as the most democratic element in our society, aside from voting, in our society today.
The merits of both the adversarial and inquisitorial system will be explored throughout this paper. The Australian rule of law best describes as all law should be applied equally and fairly. The five vital operations of the rule of law includes fairness, rationality, predictability, consistency, and impartially. The adversarial system adopts these operations by having a jury decide on the verdict and the judge being an impartial decision maker. In contrast, the inquisitorial system relies heavily on the judge. This can result in abusive power and bias of the judge when hearing evidence and delivering verdicts. The operations of the rule of law determine why the rule of law is best served by the adversarial system in Australia.
In the United States, jury trials are an important part of our court system. We rely heavily on the jury to decide the fate of the accused. We don’t give a second thought to having a jury trial now, but they were not always the ‘norm’.
A jury is a panel of citizens, selected randomly from the electoral role, whose job it is to determine guilt or innocence based on the evidence presented. The Jury Act 1977 (NSW) stipulates the purpose of juries and some of the legal aspects, such as verdicts and the right of the defence and prosecution to challenge jurors. The jury system is able to reflect the moral and ethical standards of society as members of the community ultimately decide whether the person is guilty or innocent. The creation of the Jury Amendment Act 2006 (NSW) enabled the criminal trial process to better represent the standards of society as it allowed majority verdicts of 11-1 or 10-2, which also allowed the courts to be more resource efficient. Majority verdicts still ensure that a just outcome is reached as they are only used if there is a hung jury and there has been considerable deliberation. However, the role of the media is often criticized in relation to ensuring that the jurors remain unbiased as highlighted in the media article “Independent Juries” (SMH, 2001), and the wide reporting of R v Gittany 2013 supports the arguments raised in the media article. Hence, the jury system is moderately effective in reflecting the moral and ethical standards of society, as it resource efficient and achieves just outcomes, but the influence of the media reduces the effectiveness.
They are the impartial third-party whose responsibility is to deliver a verdict for the accused based on the evidence presented during trial. They balance the rights of society to a great extent as members of the community are involved. This links the legal system with the community and ensures that the system is operating fairly and reflecting the standards and values of society. A trial by jury also ensures the victim’s rights to a fair trial. However, they do not balance the rights of the offender as they can be biased or not under. In the News.com.au article ‘Judge or jury? Your life depends on this decision’ (14 November 2013), Ian Lloyd, QC, revealed that “juries are swayed by many different factors.” These factors include race, ethnicity, physical appearance and religious beliefs. A recent study also found that juries are influenced by where the accused sits in the courtroom. They found that a jury is most likely to give a “guilty” verdict if the accused sits behind a glass dock (ABC News, 5 November 2014). Juries also tend to be influenced by their emotions; hence preventing them from having an objective view. According to the Sydney Morning Herald article ‘Court verdicts: More found innocent if no jury involved’ (23 November 2013), 55.4 per cent of defendants in judge-alone trials were acquitted of all charges compared with 29 per cent in jury trials between 1993 and 2011. Professor Mark Findlay from the University of Sydney said that this is because “judges were less likely to be guided by their emotions.” Juries balance the rights of victims and society to a great extent. However, they are ineffective in balancing the rights of the offender as juries can be biased which violate the offender’s rights to have a fair
Today juries are much more diverse. Men, women, and people from diverse backgrounds are called to jury duty. Although the origin of the jury system is not clear, history has shown that William the Conqueror from Normandy introduced a similar system to England around 1066 CE (Judiciary of Vermont 1). After the American Revolutionary War, the jury system became the American ideal of justice. This essay will explore the history of the American jury system and illustrate how it has evolved over the course of the American history.
The jury system is essentially a descendant of Great Britain, the Greeks, Romans, and Egyptians. Colonialism played a significant role in the development of the jury system globally. However, despite colonial influence, judicial systems across the world have taken their own way. As a result, the jury system has developed and changed to suit the needs and social conscience of different countries. Across the world, juries examine and decide the facts in a jury trial, the accuracy of the testimony, the guilt or innocence of criminal defendants, and liabilities in a civil litigation. Today, many countries such as Britain, United States, Brazil, Canada, Japan, Australia, France, German, India, and so on practice jury trials. These countries will be the issue of discussion in this paper.
The jury plays a crucial role in the courts of trial. They are an integral part in the Australian justice system. The jury system brings ordinary people into the courts everyday to judge whether a case is guilty or innocent. The role of the jury varies, depending on the different cases. In Australia, the court is ran by an adversary system. In this system “..individual litigants play a central part, initiating court action and largely determining the issues in dispute” (Ellis 2013, p. 133). In this essay I will be discussing the role of the jury system and how some believe the jury is one of the most important institutions in ensuring that Australia has an effective legal system, while others disagree. I will evaluate the advantages and disadvantages of a jury system.