The New South Wale 's Criminal Justice System

1265 WordsNov 16, 20146 Pages
The New South Wale’s criminal justice system aims to meet the needs of its society through its role in maintaining fairness, justice and equality. However, many flaws and faults still exist in the system that does not always result in the most beneficial outcome for the whole community. From the inappropriate use of a jury in the criminal trial process, the misuse of powers from law enforcement agencies such as the police and the unfair bail conditions for young offenders, it can be seen that the criminal justice system is failing to meet the needs of its community by not balancing the protection of the community with the protection of freedom and rights of individuals. These issues need to be recognised and amended in order to ensure that…show more content…
In the 2013 case, R v Gittany, the accused, Simon Gittany, requested for a judge-only trial. This was due to the complexity of his murder case and the media coverage which Gittany believed would have influenced the jury’s perspectives and outcome. The complexities and intricacies of a trial that took barristers and solicitors years of expertise to understand and interpret cannot be expected to be completely understood from a group of twelve members from the public. This can be seen in a recent 2013 report from the Sydney Morning Herald, ‘Jurors Need More Direction’ where the NSW Law Reform Commission (LRC) found that the directions given to juries from judges ‘are not working, overly complex and need to be clearer’. However, their imperfections aren’t enough to have them off the trial process as juries allow the public to be involved in the judicial system. Public participation in the criminal trial process creates more confidence in the legal system. Juries are the most democratic aspect of the criminal trial process and are a crucial aspect in representing the interests and needs of the community. The New South Wale’s police system have failed to meet the needs of its society due to the misuse and misconduct of its given powers. The police have a large amount of discretion
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