The Jury Effectiveness and Efficiency.. For and Against A Jury: ForAgainst Accepted by societyTrials...

7
The Jury Effectiveness and Efficiency.

Transcript of The Jury Effectiveness and Efficiency.. For and Against A Jury: ForAgainst Accepted by societyTrials...

Page 1: The Jury Effectiveness and Efficiency.. For and Against A Jury: ForAgainst Accepted by societyTrials are time consuming, costly and create delays Used.

The Jury

Effectiveness and Efficiency.

Page 2: The Jury Effectiveness and Efficiency.. For and Against A Jury: ForAgainst Accepted by societyTrials are time consuming, costly and create delays Used.

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

Page 3: The Jury Effectiveness and Efficiency.. For and Against A Jury: ForAgainst Accepted by societyTrials are time consuming, costly and create delays Used.

Stats To Keeping the Jury

Page 4: The Jury Effectiveness and Efficiency.. For and Against A Jury: ForAgainst Accepted by societyTrials are time consuming, costly and create delays Used.

Does the Jury System Benefit the Community?

Page 5: The Jury Effectiveness and Efficiency.. For and Against A Jury: ForAgainst Accepted by societyTrials are time consuming, costly and create delays Used.

‘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.

Page 6: The Jury Effectiveness and Efficiency.. For and Against A Jury: ForAgainst Accepted by societyTrials are time consuming, costly and create delays Used.

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.

Page 7: The Jury Effectiveness and Efficiency.. For and Against A Jury: ForAgainst Accepted by societyTrials are time consuming, costly and create delays Used.

• 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