The Judiciary System in Australia- Strengths and Weaknesses
Yr 12 legal
The Judiciary System in Australia
Strengths and Weaknesses
It is widely recognised that Australia’s System of decision making in the court is in need of significant reform, if the nation’s present and future need for fair justice is to be met.
Contents Introduction 2
The Current Jury System (explanation) 2
Strengths of the Current Jury System (Analyse and critique) 3
Weaknesses of the Current Jury System (Analyse and critique) 3
What Legal alternatives are there? 5
Stake Holders & Justification of changing the system. 6
Conclusion 6
Recommendations 6
Bibliography 7
Introduction
It is recognised that Australia’s System of decision making in the court is in need of reform, if the nation’s present and future need for fair justice is to be met. The current legal structure in Australia is based on a system of decision making, dating back hundreds of years. Originally, in the medieval ages, a jury was made from neighbourhood witnesses, who passed judgement based on what they knew about the incident. However this is no longer the case. The basic idea of the jury is a group of people are randomly selected to work together to listen to and decide the facts of a court case, and to come up with a verdict. The jury system is used for indictable offences which are heard in the District Court or the Supreme Court. In many ways the Jury has not changed much from 1841 when the first jury trial was held in Australia. The major changes come from social norms changes such as, indigenous and female rights. These changed who could and could not be on a jury. However another reform is needed. It is evident, especially through recent statistics that the system, is not being used to its full capacity, and social norms have changed people’s view of being on a jury.
During this report I will discuss the positive and negative consequences of using the jury system in Australia and explore some possible solutions to replace the
The Judiciary System in Australia
Strengths and Weaknesses
It is widely recognised that Australia’s System of decision making in the court is in need of significant reform, if the nation’s present and future need for fair justice is to be met.
Contents Introduction 2
The Current Jury System (explanation) 2
Strengths of the Current Jury System (Analyse and critique) 3
Weaknesses of the Current Jury System (Analyse and critique) 3
What Legal alternatives are there? 5
Stake Holders & Justification of changing the system. 6
Conclusion 6
Recommendations 6
Bibliography 7
Introduction
It is recognised that Australia’s System of decision making in the court is in need of reform, if the nation’s present and future need for fair justice is to be met. The current legal structure in Australia is based on a system of decision making, dating back hundreds of years. Originally, in the medieval ages, a jury was made from neighbourhood witnesses, who passed judgement based on what they knew about the incident. However this is no longer the case. The basic idea of the jury is a group of people are randomly selected to work together to listen to and decide the facts of a court case, and to come up with a verdict. The jury system is used for indictable offences which are heard in the District Court or the Supreme Court. In many ways the Jury has not changed much from 1841 when the first jury trial was held in Australia. The major changes come from social norms changes such as, indigenous and female rights. These changed who could and could not be on a jury. However another reform is needed. It is evident, especially through recent statistics that the system, is not being used to its full capacity, and social norms have changed people’s view of being on a jury.
During this report I will discuss the positive and negative consequences of using the jury system in Australia and explore some possible solutions to replace the
Bibliography: Criminal Justice Commission (1993), report by the honourable WJ Carter on his inquiry into the selection of the jury for the trial of Sir Johannes Bjelke-Petersen. Brisbane, Qld: Criminal justice Commission, Australia. Daniel Hurst, The Brisbane Times, Daniel Hurst, The Brisbane Times, Jury duty? Sorry, we 're busy that day, Updated April 29, 2010 http://www.brisbanetimes.com.au/queensland/jury-duty-sorry-were-busy-that-day-20100428-ts8u.html Accessed 12.10.11 Gray, A., & Gail, H Hannah Davies, Fix Jury System, Courier Mail. Updated February 10, 2007 http://www.couriermail.com.au/news/queensland/fix-jury-system/story-e6freoof-1111112974323 Accessed 12.10.11 Kerry Shine MP, Jury selection review Peter Fairfeild (2005), Easy Guide to Australian law, Australia, New Holland Publishers. PETITION FOR MANDATORY TESTING FOR JURY MEMBERS, Change Queensland Jury Act, 1995 Queensland Courts, Guide to Juror deliberations, Updated 2008