The Jury Effectiveness and Efficiency.. For and Against A Jury: ForAgainst Accepted by societyTrials...
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Transcript of The Jury Effectiveness and Efficiency.. For and Against A Jury: ForAgainst Accepted by societyTrials...
The Jury
Effectiveness and Efficiency.
For and Against A Jury:For Against
Accepted by society Trials are time consuming, costly and create delays
Used by most western countries Unanimous verdicts are difficult to arrive at
Historically, has been successful and well received
Difficult cases are hard for the jury to follow
Acts as a safety net against corrupt conduct by the state/ police
Rules of evidence are hard to follow
Allows the public to play a role in the criminal justice system
Jury is not accountable and does not have to give reasons for decision
System relies on the groups balance of decisions (negotiation)
Media can effect jurors decisions
Responsibility is spread across 12 jurors Jury system may favour the accused
Represents a cross section of society, thus providing a range of perceptions
Jury duty, especially in horrendous cases can affect jurors adversley
Stats To Keeping the Jury
Does the Jury System Benefit the Community?
‘Yes’ for the Jury. Lawlink.com
• Because the jury deliberates as a group, it has the advantages of collective perception, recollection and analysis. This process is more likely to be effective way of determining facts and issues because each detail is explored and subjected to scrutiny by the group rather than individuals.
• Jury, unlike a judge who is bound upon the law, are able to base verdict on the broader aspects in the case, leaving way to bring the conscience of the community to bear upon.
• Use of the jury (local people) ensures that the legal system doesn’t become distinct or alienated from the community.
• Use of the jury in criminal justice keeps in step with the standards of ordinary people.
Jury Act 2008 Amendments to Jury Act 1977
• The Bill amends the Jury Act 1977: • (a) to clarify the power of a court or coroner to discharge a juror by expressly
setting out the circumstances in which a court or coroner must, or may, discharge a member of a jury during a trial or coronial inquest, and
• (b) to set out the circumstances in which a court or coroner that discharges a juror must discharge the remaining jurors or may instead continue the trial or coronial inquest with the remaining jurors, and
• (c) to give a court or coroner the express power to order that a trial or coronial inquest continue if a juror dies, and
• (d) to ensure that the verdict of a jury is not invalidated if a juror who was summonsed for jury service is empanelled irregularly or by mistake or becomes disqualified from serving, or ineligible to serve, as a juror during a trial or coronial inquest, and
• (e) to expressly enable jurors and former jurors to report misconduct and other irregularities in the conduct of other jurors and former jurors, respectively.
• Father's outrage• "It's unbelievable," Darren told Macquarie Radio
after hearing of the sentence cut.• "I don't get it. I would honestly like to meet and
speak to one of these lawyers who defend these guys. What, do they love criminals?"
• During the Gosling Park appeal, the Skafs' lawyers had argued there was no long-term physical injury suffered by that victim.
• "You can't tell me raping someone isn't going to have a psychological effect," Darren said.
• I was worried about my HSC. It just felt like it was never going to end. But it was more the fact that they had control again. I wanted the control back … whether it be physically or mentally … I wanted to regain some power but I couldn't do anything about it, I could only just sit by and watch," she told the Herald. "This is worse than murder, at least with murder it's over.- VICTIM
• Some of the attacks were extremely violent - girls were held at knifepoint and told they would be killed if they went to police. After another girl was assaulted, MRK allegedly threw her against a wall and said: "If a Leb wants to f--- you, you f--- them.“ -BILAL