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A former defendant stated, ‘Two features of the jury system are being judged by your peers and having a cross-section of the community on the panel’ - VCE - SSCE Legal Studies - Question 11 - 2012 - Paper 1
Question 11
A former defendant stated, ‘Two features of the jury system are being judged by your peers and having a cross-section of the community on the panel’. Evaluate these ... show full transcript
Worked Solution & Example Answer:A former defendant stated, ‘Two features of the jury system are being judged by your peers and having a cross-section of the community on the panel’ - VCE - SSCE Legal Studies - Question 11 - 2012 - Paper 1
Step 1
Judged by your peers
Answer
One significant feature of the jury system is that individuals are judged by their peers. This allows members of the community to participate in the decision-making process, ensuring that diverse perspectives are taken into account.
Strengths
- Involvement of the Community: The jury system allows the public to be involved in the judicial process, which strengthens the legitimacy of the verdict since it reflects community values and norms.
- Diverse Perspectives: With up to 12 jurors deliberating, there are varied opinions and attitudes, promoting balanced discussion and consideration of the case.
Weaknesses
- Potential Bias: Jurors may have preconceived notions or biases based on their personal experiences, which can affect their judgment during a trial.
- Witness Credibility: Jurors might struggle with weighing the evidence and the credibility of witnesses if they have no legal training, leading to flawed decision-making.
Step 2
Having a cross-section of the community on the panel
Answer
The second feature is having a cross-section of the community on the jury panel, aimed at representing various demographics and viewpoints within society.
Strengths
- Representation: This feature ensures that different segments of society are represented, which can contribute to fairer outcomes and a better understanding of community standards and expectations.
- Community Perspective: A jury composed of members from various backgrounds can provide a more holistic view of the evidence, enhancing deliberation.
Weaknesses
- Lack of Suitable Candidates: Sometimes, qualified jurors may be hard to find, especially in smaller communities, which raises concerns about impartiality.
- Access to Information: Jurors might face challenges in accessing necessary information or legal nuances, potentially affecting their ability to make informed decisions.