Reform Issue 90, Winter 2007 – Juries
Trial by a jury of one’s peers is one of the foundations of our legal justice system, dating back 800 years to Magna Carta. It also represents the last bastion of direct public participation in the criminal justice system.
What goes on behind the closed doors of the jury room has always been private—but do we really know how juries work, and if the best interests of justice are being served?
This issue of Reform considers the state of the modern jury system—in Australia and overseas—and whether any reforms are needed.
Prof Mark Findlay, of the University of Sydney, takes a look at contraction of the jury as an active influence in Australian courtrooms and contrasts it with the global trend to rediscover jury decision making and community involvement in criminal trials.
The Chief Justice of Australia, the Hon Murray Gleeson, discusses juries and public confidence in the courts. The Chief Justice of the Federal Court, the Hon Michael Black, writes about the imminent introduction of juries in his jurisdiction.
Nicholas Cowdery QC, the New South Wales Director of Public Prosecutions, contributes an article in support of majority jury verdicts.
Other issues discussed include jury misconduct or irregularity (Dr Donna Spears, University of New South Wales); the use by juries of photographs (Dr Katherine Biber, Macquarie University) and statistics (Prof John Croucher, Macquarie University).
Personal perspectives on juries are provided by Judge Valerie French, who has presided over many jury and ‘judge-alone’ trials in Western Australia; by Margaret Cunneen, a senior NSW prosecutor; and by Allan Blank, a US trial attorney.
Law reform initiatives relating to juries are discussed by Peter Hennessy of the New South Wales Law Reform Commission and Dr Jemina Napier and David Spencer, both of Macquarie University. Lynn Anamourlis, from the NSW Office of the Sheriff, looks at support programs available for jurors; Dr Andrew Buck asks whether we can learn anything about the jury system from movies; and Prof the Hon George Hampel discloses some of the ‘secrets of the jury room’.
Overseas perspectives are provided by Dr Mark Nolan and Prof Kent Anderson, both from ANU (Japanese juries); Prof Lee Stuesser, from the University of Manitoba in Canada and Bond University in Queensland (the Canadian jury system).
Reform 90 also contains updates on the two current ALRC inquiries—into privacy and client legal privilege—as well as the usual updates on law reform work underway in Australia and overseas.
Books reviewed in this issue of Reform are:
- Acting on Conscience: How Can We Responsibly Mix Law, Religion and Politics? By Frank Brennan, published by University of Queensland Press
- Allied and Addicted by Alison Broinowski, published by Scribe Publications
- Environmental Principles and Policies: An Interdisciplinary Approach by Sharon Beder, published by UNSW Press.
Contents
Juries
Juries reborn By Prof Mark Findlay
Juries and public confidence in the courts By the Hon Chief Justice Murray Gleeson
The introduction of juries to the Federal Court of Australia By the Hon Chief Justice Michael Black
Majority jury verdicts By Nicholas Cowdery QC
Jury misconduct or irregularity By Dr Donna Spears
Looking and knowing: Jurors and photographic evidence By Dr Katherine Biber
Statistics and the law: A minefield for juries By Professor John Croucher
Jury research in New South Wales By Peter Hennessy
A sign of the times: Deaf jurors and the potential for pioneering law reform By Dr Jemina Napier & David Spencer
The juror support program in NSW By Lynn Anamourlis
Juries a central pillar or an obstacle to a fair and timely criminal justice system? A very personal view By Judge Valerie French
Getting it right: Juries in criminal trials Margaret Cunneen
Juries in the US: Not ‘Law and Order’ Allan Blank
Reintroducing a criminal jury in Japan: Reform lessons for us all? By Dr Mark Nolan & Kent Anderson
The jury in Canada By Prof Lee Stuesser
Inviting us into the jury box: Juries and movies By Dr Andrew Buck
Secrets of the jury room By Prof the Hon George Hampel QC
ALRC inquiries
Human right or handbrake on the truth? Client legal privilege and federal investigatory bodies By Prof Rosalind Croucher
Review of the credit reporting provisions: The ALRC’s Privacy Inquiry Bruce Alston
Other
Facing extinction: Climate change and the threat to Pacific Island countries By His Excellency Robert Aisi
Setting an agenda for the next decade: The Law Reform Commission of Ireland By Charles O’Mahony
Regular features
Comment—David Weisbrot
Commission news
Reviews
Reform roundup
Clearing house
Contacts