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Trial by jury essay yr 11 politics
Politics and Law
2 Pages • Essays / Projects • Year Uploaded: 2023
The idea of a modern jury is generally thought to have emerged in 12th Century England; this idea has been further developed into the Juries Act (1957) which outlines the jury process for WA. Through analysis of R v Chamberlain (1982), WA v Edwards (2020), Pell v The Queen (2020) HCA, it is seen that there are a number of strengths and weaknesses to the Trial by Jury system in Australia. The Criminal Procedure Amendment (2017) Bill is a proposed reform by WA MP Aaron Stonehouse to make Judge alone trials more accessible. A jury is a body of citizens convened to consider the facts of a case to deliver an impartial verdict of an accused. They are designed to represent a cross-section of society to ensure all viewpoints are fairly represented in a courtroom and are primarily used in criminal cases. Key weaknesses in the trial by jury system in the Australian legal system is that juries are subject to bias from the media, and they do not need to provide any reasoning for their decisions, decreasing accountability, this outweighs the theoretical benefits of juries being representative of community values and the idea that juries make the Australian legal system more accessible. The weaknesses of trial by jury would be significantly addressed by the use of judge alone trials as judges are legal professionals and remain impartial.
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