Essay On Jury Trials In Australia

The jury system of a trial is an essential element of the democratic process. It attempts to secure fairness in the justice system. Traditionally, the jury system has been viewed as a cornerstone of common law procedure. However, the use of the system of trial by jury is on the decline. Today, its use differs, depending on whether (a) it is a civil or criminal matter, and (b) in criminal matters, whether it is a summary or an indictable offence.

The current jury system is based on an almost millennium-old principle found in the Magna Carta (1215). As a result of changes in society since, the system must be seen as potentially outdated. In other words, it may not satisfy the needs of modern society, judged by what the major stakeholders of the criminal justice system expect. Indeed, there are substantial flaws in current jury systems in terms of effectiveness. The two major concerns with jury systems are their representativeness and their levels of competence. The representativeness of juries is essential as their reason for existing is to represent the views of society. Having twelve jurors could be understood to ensure representativeness and eliminate room for bias. However, this does not remove the possibility of juries being biased towards parties. Even if the potential jurors contacted are representative in terms of gender, ethnicity, age and socioeconomic status and though jury duty is a compulsory engagement, 90% of Queenslanders opt out of it. This makes it very likely that juries will not be representative. One example is ethnic diversity. There is likely to be less ethnic diversity in courts because ethnic minorities might not have sufficient language ability or access to interpreters to be jurors. Another example is age. It is likely that retired people

In conclusion we should keep the jury system just find a better way to question potential jurors. Citizens should have the right to serve in jury duty and decide whether a fellow citizen is guilty or innocent. This will give the citizens and their family a peace knowing that a criminal was proven guilty. Since the jury system has been intact for so long they should just make some minor changes. These minor changes would not only help the citizens but the community as

Juries in NSW The jury system plays a very important part in the running of the courts. The jury system is needed in both criminal and civil cases. There are advantages of the jury system as well as disadvantages.

Conflict between the US and Mexico began with Mexico's and Texas’s differences caused them to clash leaving to Texans’ war for independence from Mexico, which they gained in 1836. Texas then asked the US for annexation, which the US refuse the first two times, but them in 1845 the US annexed Texas. After the annexation of Texas Mexico and the United States had different perspectives, leading to the border dispute where US-Mexican troops fought, and hence that came to the US-Mexican war in 1845. This trial is meant to decide if America’s actions were honorable and justified, or if the United States used its power to manipulate Mexico. Based on all the evidence presented, the jury declared the US to be guilty on the charge of wrongfully provoking a war with Mexico.

During jury selection, potential jurors are interviewed then chosen or eliminated from the jury. The initial selection of potential jurors is completely random; citizens get “jury Duty” notices on a random basis. The screening of the jury selection is conducted by both the prosecution and the defense, and is overviewed by the judge on the case. During the interview, citizens are asked a number of strategic questions to ensure that they are not in any way bias for or against the defendant or case. The questions also eliminate those who have any connection to the case, in any way. It is during this interview that the lawyers on the case can voice their concerns regarding biased jurors.

HOW DOES THE ADVERSARY LEGAL SYSTEM ENSURE RULE OF LAW, AND HOW DOES THIS DIFFER FROM MODERN MEDIA MISCONCEPTIONS?

The American jury system is no longer reliable. Those on the American jury system usually base their decision on opinions rather than facts. Ordinary citizens do not have the a full understanding of the law. The majority of the jury is easily influenced like the image of the convicted can influence the juror. Jury duty is mandatory not a choice, it is a person's choice that is not their own.

Juries exists in the criminal trial to listen to the case presented to them and, as a third, non-bias party, decide beyond reasonable doubt if the accused is guilty. For the use of a trial by juror to be effective, no bias should exists in the jurors judgments, the jurors should understand clearly their role and key legal terms, and the jury system should represent the communities standards and views whilst upholding the rights of the accused and society and remain cost and time effective.

Juries made up of everyday novices are the most relied upon people in the district and supreme courts when it comes to a criminal trial. Ultimately, 12 people will decide the fate of a defendant and either see them walk free or be incarcerated. What happens if they get it wrong? Although a wrongful convictions are unlikely in Australia they are usually down to police corruption, misreported evidence or a jury’s misinterpretation of the case. Untrained, average citizens are making massive decisions with barely any idea if they have followed the law or not. Personal feelings or experiences can affect the interpretation of the evidence. Also with a state like South Australia with smaller jury regions, the likely hood of know someone connected

Jury selection beings with a summons being sent out to all eligible adults. These summons, in Canada, are sent out randomly in order to obtain representativeness amongst the jury members (Friedland, 1990). While this seems to be the best way of obtaining impartial jurors, it sometimes ends up creating other problems through-out the trial. The Crown and defense try to avoid problems, such as bias, impartiality, pre-trial publicity, and polarization, during jury

This being said, trials involving jury’s makeup an extremely small amount of court cases in Australia. Most cases of a criminal nature are heard Summarily in the Magistrates court before being given the opportunity to a trial by jury.

The Selection and Role of a Jury in a Criminal Trial This assignment focuses on how a jury is selected and its role in a

A jury is a group of 12 people aged between 18 and 70 who have been randomly selected from the electoral roll. Juries are only used for indictable criminal offences, these cases are held in either the District or Supreme court.

The right to a trial by jury is a core element of the United States Criminal Justice System. This right is guaranteed to all citizens by the highest law of the land: The United States Constitution. But are juries truly an effective means of securing justice? The movie 12 Angry Men provides commentary on this question with its portrayal of twelve jurors deliberating over a murder case. The jury initially seems bound to condemn the defendant, a young man of nineteen years, to the electric chair, but a single man, Juror no. 8 descents against the majority. Over the course of the film, tensions rise, and after much debate Juror no. 8 manages to convince the other eleven jurors to eventually vote not guilty. Through their debates and casual side conversations, we are shown the role of personal biases and group manipulation tactics that can impede with objective analysis and ultimately the attainment of justice. Thus, the Movie 12 Angry Men mostly serves to challenge the jury system as a means of securing justice by demonstrating the harmful effects of personal biases, the lack of dedication to the system, and the potential for manipulative tactics.