Do jury trials achieve the principles of justice? Justify your answer, with reference to both criminal and civil trials. - VCE - SSCE Legal Studies - Question 8 - 2020 - Paper 1

Jury trials can achieve the principles of justice by ensuring that legal processes are accessible and fair. In criminal trials, juries serve as representatives of the community, bringing diverse perspectives that can contribute to impartiality. This can help uphold the principle of fairness, as the presence of an independent jury prevents potential biases from influencing the verdict.

For instance, the deliberation process allows jurors to examine the evidence collectively, fostering a thorough understanding of the case. However, there are instances where jury trials may not achieve justice effectively. The complexity of legal jargon can confuse jurors, hindering their understanding of the law and potentially affecting their decision-making.

In civil trials, the role of the jury is slightly different but equally important. They determine liability and damages based on presented evidence. Here, jury trials simplify legal proceedings by making them more understandable for the general public, potentially leading to fairer outcomes. However, the party that requests the jury, particularly in civil disputes, has inherent advantages, which can lead to questions about the equality of access to justice.

In summary, while jury trials can uphold the principles of justice by facilitating community representation and understanding, challenges remain in terms of accessibility and equity, which must be continuously addressed.