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In a recent submission to the Victorian Law Reform Commission (VLRC), an individual stated that the ‘jury system is outdated and should be abolished.’ Discuss the extent to which you agree or disagree with this statement - VCE - SSCE Legal Studies - Question 13 - 2011 - Paper 1
Question 13
In a recent submission to the Victorian Law Reform Commission (VLRC), an individual stated that the ‘jury system is outdated and should be abolished.’ Discuss the ex... show full transcript
Worked Solution & Example Answer:In a recent submission to the Victorian Law Reform Commission (VLRC), an individual stated that the ‘jury system is outdated and should be abolished.’ Discuss the extent to which you agree or disagree with this statement - VCE - SSCE Legal Studies - Question 13 - 2011 - Paper 1
Step 1
Discuss the extent to which you agree or disagree with this statement.
Answer
The debate over the juror system and whether it is outdated can be quite nuanced. On one hand, many view the jury as an essential part of the justice system, acting as the voice of the community and ensuring that legal processes remain transparent and fair. This sentiment is prevalent because:
- Diverse Representation: Juries reflect a cross-section of the community, which provides a broader perspective in legal matters.
- Shield Against Arbitrary Power: Having jurors helps counterbalance the power of judges, ensuring that legal outcomes are not solely dictated by a singular authority.
On the other hand, the jury system faces several criticisms:
- Knowledge and Expertise: Jurors may lack the legal knowledge necessary to make fully informed decisions. In complex cases, this could lead to misinterpretations of evidence.
- Erroneous Verdicts: Some jurors may be swayed by emotion or biases, leading to potential miscarriages of justice.
In conclusion, while there are valid criticisms of the jury system, the core principles it upholds suggest that it should not be abolished entirely but rather reformed to address these concerns.
Step 2
In your answer describe the role of the VLRC.
Answer
The Victorian Law Reform Commission (VLRC) plays a vital role in the legal landscape. Its responsibilities include:
- Reviewing Current Laws: The VLRC evaluates existing laws to determine their effectiveness and relevance in contemporary society.
- Research and Consultation: It seeks input from the public, legal professionals, and community organizations to gather diverse perspectives on legal issues.
- Identifying Areas for Reform: Through its investigations, the VLRC identifies potential improvements to the law and suggests necessary reforms.
- Formulating Recommendations: After thorough analysis, the VLRC formulates recommendations that aim to enhance the justice system and improve legal outcomes for all Victorians.
Overall, the VLRC ensures that legal systems are dynamic and responsive to the needs of the community, effectively acting as a conduit for legal reform.