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Explain the role of a jury in a criminal trial in Victoria - VCE - SSCE Legal Studies - Question 10 - 2010 - Paper 1
Question 10
Explain the role of a jury in a criminal trial in Victoria. Do you support the retention of juries in Victoria? Give reasons for your answer.
Worked Solution & Example Answer:Explain the role of a jury in a criminal trial in Victoria - VCE - SSCE Legal Studies - Question 10 - 2010 - Paper 1
Step 1
Explain the role of a jury in a criminal trial in Victoria.
Answer
A jury in a criminal trial in Victoria serves several crucial functions:
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Verdict Determination: The jury brings down a verdict based on the evidence presented during the trial. They deliberate after being directed by the judge on the appropriate law regarding the case.
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Majority Verdicts: In cases of treason, murder, and Commonwealth offences, a jury can reach a majority verdict (11 out of 12) after thorough deliberations lasting at least six hours.
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Impartiality: Jurors are expected to remain unbiased and attentive, ensuring that their decisions are free from external influences or personal biases. This impartiality is essential to uphold justice.
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Understanding Legal Proceedings: The jury helps in making the legal system understandable to the general public, reflecting community values and attitudes.
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Fairness and Community Involvement: A jury comprises a cross-section of the community, effectively representing the common view. Their presence in the trial process reduces the likelihood of a wrongful conviction.
Step 2
Do you support the retention of juries in Victoria? Give reasons for your answer.
Answer
I support the retention of juries in Victoria due to several key reasons:
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Representation of Community Views: Juries reflect the views of the community, ensuring that the justice system is accountable to societal values. This representation fosters trust in the legal process.
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Transparency in Decision Making: The jury system enhances transparency by conducting deliberations in an open forum, where jurors engage in discussions that reflect diverse perspectives.
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Reduction of Bias: Having a group reach a consensus mitigates the risk of bias that might occur with a single judge. This collective decision-making process promotes fairness.
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Protection Against Wrongful Convictions: The involvement of jurors decreases the likelihood of wrongful convictions, as a diverse group deliberates on the evidence, leading to more thorough assessments.
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Public Confidence: Retaining juries helps maintain public confidence in the legal system, with the community actively participating in upholding justice. This involvement can make the legal outcomes more accepted and respected by society.