The Jury System Should Be Scrapped For Criminal Trials

1244 WordsMar 13, 20175 Pages
“THE JURY SYSTEM SHOULD BE SCRAPPED FOR CRIMINAL TRIALS IN NSW” Through various analytical investigations and research, it can be proposed “the jury system should be scraped for criminal trials in NSW”. As jurors are incapable of apprehensively comprehending evidence and are vulnerable to being biased by their personal prejudices and excessive media publicity. Correspondingly, many fall victim of escaping trials due to their elongated processes. Conversely, many dispute in contradiction suggesting juries reflect democratic regimes and ensure the most appropriate verdict is reached as they contemplate on society’s ethics, morals and values often absent in judge-alone trials. Firstly, the role of the jury is too ‘listen to the evidence…show more content…
The concept of the accused being assessed by their ‘peers’ is very appropriate as they judge merely based on the morals and principles of the society making the law more valid and binding. Whereas, ‘leaving the judgment to someone who doesn’t necessarily live in the real world’ (Love, 2014) may not be so appropriate. Also the‘ danger of getting rid of jury trials is that there will be a perception that someone who is an elite judge is going to be deciding matter, someone that may be in touch with the ordinary community’ (Harvey 2011). Hence, the jury system ensures the communities ethics, values and morals are implied and safeguards the law is applied in a way ‘that fits in with what the society expects’ (Love 2014). In opposition, many suggest “juries should be scrapped for criminal trials in NSW” as jurors are often vulnerable of being swayed by excessive media publicity. This is most prevalent in ‘high profile cases, where it is extremely if not impossible to find jurors who haven’t already read about circumstances surrounding it in the media and formed their own opinions about the matter’ (Nedium, 2015). One such case which strengthens this argument is R v Gittany [NSWSC 138] where the defendant was charged for murder of Lisa Cecilia Harnum under the Criminal Procedure Act 1986 section 132 (NSW) (LIAC,2013). Although
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