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Calls have been made to limit a defendant's right to trial by jury in criminal cases - VCE - SSCE Legal Studies - Question 11 - 2004 - Paper 1
Question 11
Calls have been made to limit a defendant's right to trial by jury in criminal cases. In certain matters, such as serious fraud cases, it has been argued that trials... show full transcript
Worked Solution & Example Answer:Calls have been made to limit a defendant's right to trial by jury in criminal cases - VCE - SSCE Legal Studies - Question 11 - 2004 - Paper 1
Step 1
Describe the role of the judge and jury in criminal trials.
Answer
In criminal trials, the roles of the judge and jury are distinctly defined and vital to the judicial process.
The judge serves as the presiding officer in a trial. Their responsibilities include:
- Ensuring that the trial is conducted fairly and in accordance with the law.
- Making decisions on the admissibility of evidence, which significantly impacts the outcome of the case.
- Providing instructions to the jury about the legal standards that must be met to reach a verdict.
The jury, typically composed of citizens, plays a crucial role by:
- Listening to the evidence presented during the trial and assessing its credibility.
- Deciding on the guilt or innocence of the defendant based on the standard of 'beyond a reasonable doubt.'
- Representing the community's voice in the judicial process, which upholds the principle of a fair trial.
Step 2
Explain two arguments for, and two arguments against, the suggestion of limiting the right to trial by jury in criminal cases. Giving reasons, what is your view on this issue?
Answer
Arguments For Limiting Jury Trials:
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Efficiency: Limiting jury trials could expedite the legal process, especially in complex cases such as serious fraud, where jury deliberation can prolong proceedings. A judge alone can deliver a swifter verdict, which enhances judicial efficiency.
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Expertise: Judges are trained legal professionals with expertise in law, which may lead to more informed decisions in specialized cases. The complexity of certain trials may benefit from a judge's legal acumen rather than relying on a jury’s understanding of intricate details.
Arguments Against Limiting Jury Trials:
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Fairness and Community Participation: The jury system allows regular citizens to participate in the judicial process, ensuring that decisions reflect community values. Removing juries could lead to perceptions of an elitist legal system dominated solely by judges.
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Protection Against Government Power: The right to a jury trial acts as a safeguard against potential governmental overreach. By involving an impartial group of community members, the jury serves as a check on the justice system and helps prevent unfair prosecutions.
My View: While there are valid arguments on both sides, I believe that the jury system should be preserved in criminal trials. The participation of citizens ensures a broader representation of community standards and enhances the legitimacy of the justice system. However, I acknowledge the potential benefits of having judges preside over specific types of trials, particularly where expertise is crucial.
Step 3
Using two criminal pre-trial procedures and two civil pre-trial procedures to illustrate your answer, consider how pre-trial procedures can promote or limit the effective operation of the legal system.
Answer
Criminal pre-trial procedures can include:
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Police Investigations: These are essential for gathering evidence and building a case. Effective investigations lead to stronger cases and can promote the efficient handling of matters in court.
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Committal Proceedings: These proceedings determine whether there is sufficient evidence to proceed to trial. By filtering cases early on, they help ensure that only cases with solid evidence move forward, thus promoting judicial efficiency.
Civil pre-trial procedures can include:
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Writ of Notice or Originating Motion: This initiates a civil case and sets out the claims against the defendant. It helps to clarify the issues at hand and frames the parameters of the trial, promoting focused litigation.
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Directions Hearings: These hearings help establish a timetable for the case and clarify the issues that will be explored at trial. This promotes order and efficiency in civil litigation, limiting delays and unnecessary complications.
Overall, the effectiveness of these pre-trial procedures is critical in streamlining the judicial process and ensuring that cases are resolved fairly and efficiently.