Do jury trials achieve the principles of justice? Justify your answer, with reference to both criminal and civil trials. - VCE - SSCE Legal Studies - Question 8 - 2020 - Paper 1

Jury trials play a significant role in upholding the principles of justice, which are accessibility, fairness, and impartiality.

Criminal Trials

In criminal trials, jury trials can greatly enhance the principle of fairness. The presence of a jury, composed of individuals from diverse backgrounds, allows for a community perspective in determining guilt or innocence. This can mitigate biases that might arise from a singular judge's perspective. However, jury trials may also be complex, as legal jargon and procedures can confuse jurors, potentially impacting their ability to make informed decisions.

Moreover, the jury system provides a check on government power, ensuring that the accused cannot be unfairly convicted without the backing of a jury composed of one's peers. This aligns with maintaining a sense of justice within the community. However, it is essential to consider if jurors fully understand the principles of justice when faced with technical evidence and legal arguments.

Civil Trials

In civil trials, the role of the jury can differ significantly. For a party seeking justice against another, the jury has the power to determine liability and damages, which directly affects the outcomes in civil disputes. However, the jury must also be guided clearly through the process to ensure they understand the evidence and the legal standards at play. This choice to have a jury in civil cases can make the process more accessible but can also prolong disputes, despite offering a democratic method of decision-making.

Conclusion

Overall, while jury trials have their advantages in achieving justice through community involvement, they can also introduce complexities that may hinder the clarity and fairness of the trial process. Both criminal and civil trials benefit from having juries, but the effectiveness of these trials in achieving justice largely depends on the jurors' understanding and the clarity with which the cases are presented.