The Relevance Of The Jury System And The Criminal System

1725 Words4 Pages
bulb-icon

Recommended: Essays on the jury system

The Jury System Matthew Gordon 28th May 2014 Mrs Ramsay Year 11 Legal Studies 1.0 Introduction The jury system is made up of 12 ordinary citizens aged between 18-70 years old. These ordinary citizens come from all walks of life and may not have any background knowledge of the legal system. These ordinary people are an integral part of our legal system. The jurors role is to hear all aspects of evidence that the barristers of the accused and the crown present during court and at the end of the case the 12 jurors decide whether the defendant is guilty or not. In civil cases they decide if the defendant is fault. In this report there will be discussion on the relevance of the current jury system, the for and against arguments on its continuance within Queensland’s legal system. And how does the current Queensland legislation compare with the national system and the international system? Should the current stakeholders have an overall to represent a truer and fairer outcome for those who are on trial? 2.0 Queensland Legislation The 12 jurors fulfil a very important function in the Queensland legal system. These every day citizens are charged with the responsibility of deciding, based on the facts and evidence presented in a trial, whether the accused is guilty or not guilty. The jury must reach its verdict by considering only the evidence introduced in court and the direction of the judge. If a jury goes out of he or she’s way and plays Sherlock Holmes this is interrupting the legal case and is an offence. This offence is called a minor indictable offence. Minor indictable offences in Queensland are heard in in magistrate’s court where there is no jury. If the offence is more exceeding the offence is called a major indictable ... ... middle of paper ... ...sed on the odds of the evidence. 8.0 Conclusion For over 200 years the jury system has been a part of the Australia legal system and has worked efficiently throughout its time but looking through this report the system does have its advantages and its disadvantages. After the extensive information that has been stated throughout this report it is to be believed that the jury system has been running for a long time and has worked efficiently and fairly. This system is reliable and stable. Thus this system should stay in our legal structure for future years. This system is seen more reliable and fairer then the inquisitorial system as 12 jurors deciding the case is more accurate and reliable than 3 judges deciding a case, which prejudice could play a part in the verdict. In conclusion the Australian jury system should retain its current position on the jury system.

Show More
Related

  • Dbq Essay On The Jury System

    921 Words  | 2 Pages

    The American Jury system has been around for quite some time. It was the original idea that the framers of the constitution had wanted to have implemented as a means of trying people for their illegal acts, or for civil disputes. The jury system has stood the test of time as being very effective and useful for the justice system. Now it has come into question as to if the jury system is still the best method for trials. In the justice system there are two forms of trials, one being the standard jury trial, where 12 random members of society come together to decide the outcome of something. The other option would be to have a bench trial. In a bench trial, the judge is the only one deciding the fate of the accused. While both methods are viable

    Read More

  • Confessions Of A Jury Sparknotes

    1696 Words  | 4 Pages

    This chapter is mainly devoted to the jury selection process and how it is taken care

    Read More

  • Australia's Unfair Legal System

    821 Words  | 2 Pages

    They weigh the evidence and apply the law. In the court system, criminal law is interpreted by a jury who are seen as expressing the sense of justice of ordinary men and women. Juries date back to the Middle Ages in England, and while membership, role, and importance have changed throughout the ages, they were part of the system of England’s Common Law. The purpose of the jury system was to ensure the civil rights of the ordinary citizen. It is important to remember that at the time, ordinary people had few rights.

    Read More

  • The Judicial Process and Batson Case

    2726 Words  | 6 Pages

    Smith, William (1997) “Useful or Just Plain Unfair? The Debate Over Peremptories; Lawyers, Judges Spllit Over the Value of Jury Selection Method” The Legal Intelligencer, April 23: pg 1.

    Read More

  • The History of Juries

    590 Words  | 2 Pages

    In the United States, jury trials are an important part of our court system. We rely heavily on the jury to decide the fate of the accused. We don’t give a second thought to having a jury trial now, but they were not always the ‘norm’.

    Read More

  • The Criminal Trial Process

    1065 Words  | 3 Pages

    They are the impartial third-party whose responsibility is to deliver a verdict for the accused based on the evidence presented during trial. They balance the rights of society to a great extent as members of the community are involved. This links the legal system with the community and ensures that the system is operating fairly and reflecting the standards and values of society. A trial by jury also ensures the victim’s rights to a fair trial. However, they do not balance the rights of the offender as they can be biased or not under. In the News.com.au article ‘Judge or jury? Your life depends on this decision’ (14 November 2013), Ian Lloyd, QC, revealed that “juries are swayed by many different factors.” These factors include race, ethnicity, physical appearance and religious beliefs. A recent study also found that juries are influenced by where the accused sits in the courtroom. They found that a jury is most likely to give a “guilty” verdict if the accused sits behind a glass dock (ABC News, 5 November 2014). Juries also tend to be influenced by their emotions; hence preventing them from having an objective view. According to the Sydney Morning Herald article ‘Court verdicts: More found innocent if no jury involved’ (23 November 2013), 55.4 per cent of defendants in judge-alone trials were acquitted of all charges compared with 29 per cent in jury trials between 1993 and 2011. Professor Mark Findlay from the University of Sydney said that this is because “judges were less likely to be guided by their emotions.” Juries balance the rights of victims and society to a great extent. However, they are ineffective in balancing the rights of the offender as juries can be biased which violate the offender’s rights to have a fair

    Read More

  • The Jury and Its Role in the Courts of Trial

    1507 Words  | 4 Pages

    The jury plays a crucial role in the courts of trial. They are an integral part in the Australian justice system. The jury system brings ordinary people into the courts everyday to judge whether a case is guilty or innocent. The role of the jury varies, depending on the different cases. In Australia, the court is ran by an adversary system. In this system “..individual litigants play a central part, initiating court action and largely determining the issues in dispute” (Ellis 2013, p. 133). In this essay I will be discussing the role of the jury system and how some believe the jury is one of the most important institutions in ensuring that Australia has an effective legal system, while others disagree. I will evaluate the advantages and disadvantages of a jury system.

    Read More

  • The Criminal Trial Process

    1108 Words  | 3 Pages

    A jury is a panel of citizens, selected randomly from the electoral role, whose job it is to determine guilt or innocence based on the evidence presented. The Jury Act 1977 (NSW) stipulates the purpose of juries and some of the legal aspects, such as verdicts and the right of the defence and prosecution to challenge jurors. The jury system is able to reflect the moral and ethical standards of society as members of the community ultimately decide whether the person is guilty or innocent. The creation of the Jury Amendment Act 2006 (NSW) enabled the criminal trial process to better represent the standards of society as it allowed majority verdicts of 11-1 or 10-2, which also allowed the courts to be more resource efficient. Majority verdicts still ensure that a just outcome is reached as they are only used if there is a hung jury and there has been considerable deliberation. However, the role of the media is often criticized in relation to ensuring that the jurors remain unbiased as highlighted in the media article “Independent Juries” (SMH, 2001), and the wide reporting of R v Gittany 2013 supports the arguments raised in the media article. Hence, the jury system is moderately effective in reflecting the moral and ethical standards of society, as it resource efficient and achieves just outcomes, but the influence of the media reduces the effectiveness.

    Read More

  • Should Juries Be Abolished?

    1260 Words  | 3 Pages

    ...tood. This problem has persisted through many cases, clearly highlighting the lack of expertise of juries, and if they do not understand the process and basic rules, then they cannot be a reliable body in determining innocence. Jurors incapability of following evidence inevitably leads to guess work with jury’s finding defendants guilty because ‘he looked like he did it’ and ‘he looks like a nonce so he must of done it’. Moreover, cases have been reported of incredulous juries using absurd methods to ascertain a verdict, like in R v Young 1995, where a Ouija Board was used to determine if the defendant was guilty or not. It is clear that it would be better and far more effective to abolish the jury system, and leave the experts and qualified legal professionals to try defendants, as they understand the process and possess the expertise to make balanced decisions.

    Read More

  • Criminal Justice System and Law

    1239 Words  | 3 Pages

    Within the Federal Government there are three main branches; “the Legislative, the Judicial, and Executive” (Phaedra Trethan, 2013). They have the same basic shape and the same basic roles were written in the Constitution in 1787.

    Read More

  • Arguments For and Against Juries

    692 Words  | 2 Pages

    ... In a speech to the House of Lords in 1844 Lord Denman remarked: 'Trial by jury itself, instead of being a security to persons who are accused, will. be a delusion, a mockery and a snare. The question of juror competence remains a recurrent feature in both the research and policy. literature (Horowitz et al., 1996; Penrod & Heuer, 1997). Indeed, in the. 1998 the Home Office invited commentary on whether an alternative to the traditional jury system was appropriate for cases of serious fraud.

    Read More

  • Pros And Cons Of The Jury System In 12 Angry Men By Sidney Lumet

    1175 Words  | 3 Pages

    Mention the pros and cons of our jury system and possible alternatives of it. Also, identify the group dynamics of the jury members

    Read More

  • The Criminal Justice System

    1478 Words  | 3 Pages

    The criminal justice system is composed of three parts – Police, Courts and Corrections – and all three work together to protect an individual’s rights and the rights of society to live without fear of being a victim of crime. According to merriam-webster.com, crime is defined as “an act that is forbidden or omission of a duty that is commanded by public law and that makes the offender liable to punishment by that law.” When all the three parts work together, it makes the criminal justice system function like a well tuned machine.

    Read More

  • The Argument For The Bench Trial

    1323 Words  | 3 Pages

    We must look at the facts and decide whether the American Jury System is still a good idea. How much is it costing us to pay for each individual to serve on the jury and does this out way the possible benefits that a jury system has in the court of law? The other important factor and feasible benefit of a bench trial is that there’s hardly any room for error. No one is perfect, but it’s a lot less likely that a judge would make a vital mistake impacting the rest of someone’s life versus twelve arbitrary citizens from the community. The United States court system shouldn’t allow any incompetency, unsupported bias, or negligence in the evaluation of cases. We must choose the system that is best for our increasing complex and refining society.

    Read More

  • The Importance Of The Criminal Justice System In Twelve Angry Men

    1091 Words  | 3 Pages

    Twelve Angry Men brings up a few issues the criminal justice system has. The jury selection is where issue number one arises. “A jury of one’s peer’s acts as an important check in cases where a defendant fears that the local justice system may have a prejudice against him, or in corruption cases in which the judiciary itself may be implicated” (Ryan). Deciding one 's future or even fate, in this case, is no easy task, as depicted by the 8th juror.

    Read More

More about The Relevance Of The Jury System And The Criminal System

Open Document