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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 judge and jury play distinct but important roles. The judge is responsible for ensuring that the trial proceeds fairly and in accordance with the law. This includes deciding on the admissibility of evidence, instructing the jury on the law, and presiding over court proceedings. The judge also has the authority to impose sentences upon the convicted individuals.
The jury, on the other hand, is tasked with determining the facts of the case. Their role is to listen to the evidence presented, deliberate, and ultimately reach a verdict of guilty or not guilty. The jury acts as a safeguard against potential biases and ensures that the community's values are reflected in the legal process.
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 the Right to Trial by Jury:
- Efficiency: Limiting the right to a judge alone can lead to faster trials as there is no need for jury selection and deliberation, thus helping to alleviate backlogs in the court system.
- Expertise: Judges are trained legal professionals who can make more informed decisions on complex legal issues than a lay jury may be able to.
Arguments Against Limiting the Right to Trial by Jury:
- Community Involvement: The jury allows for community participation in the judicial process, providing a check against potential judicial biases.
- Fairness Perception: Many believe that a jury trial combats the risk of arbitrary rulings by a judge, making the legal process appear more democratic and fair to the public.
My View: In my opinion, while there are valid points on both sides, the right to a jury trial remains a fundamental aspect of a fair justice system. The involvement of a jury ensures that the defendant is judged by a group of peers, which enhances the legitimacy of the legal process.
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:
- Police Investigations: This procedure helps ensure that evidence is collected properly and that legal standards are upheld, promoting efficiency in later stages of the trial.
- Committal Proceedings: These are essential for determining whether enough evidence exists to justify a trial, thus preventing frivolous cases from consuming court resources.
Civil Pre-trial Procedures:
- Writ of Notice or Originating Motion: This formalizes the process and sets timelines for the parties involved, promoting a structured approach to litigation.
- Statement of Defence: This allows defendants to outline their responses before trial, which can lead to earlier settlements and more efficient use of court time.