The author of a journal article wrote the following opinion: ‘Juries should not decide matters of fact - VCE - SSCE Legal Studies - Question 12 - 2015 - Paper 1

In addressing the opinion that 'Juries should not decide matters of fact. It should all be left up to the judge,' it is essential to explore both supporting and opposing viewpoints concerning the role of juries in the legal system.

Supporting the Statement

Many argue in favor of the notion that judges should be solely responsible for deciding matters of fact in legal proceedings. One key point is that judges are trained legal professionals with extensive knowledge of the law. Their educational background and experience equip them with the skills necessary to analyze evidence thoroughly and apply legal principles accurately.

Moreover, juries can be susceptible to emotional influences and biases, potentially leading to decisions that are driven more by personal feelings than by the rule of law. This raises concerns regarding the consistency and reliability of jury decisions, particularly in high-stakes cases.

Opposing the Statement

However, there are compelling arguments against this opinion as well. Jurors provide a crucial link between the legal system and the community, ensuring that verdicts reflect societal values and norms. The presence of juries can enhance the legitimacy of the legal process by engaging ordinary citizens in the administration of justice.

Additionally, juries act as a safeguard against potential judicial bias. If only judges were to decide, there might be a risk of decisions being influenced by their personal beliefs or political pressures, thus undermining the fairness of trials.

Moreover, involving a jury allows for diverse perspectives in deliberations. A jury composed of various individuals can bring a breadth of experience and viewpoints that a single judge cannot replicate.

Conclusion

In conclusion, while there are valid points supporting the notion that judges should handle matters of fact, the jury system plays a vital role in the justice process. It fosters community participation, counters potential judicial bias, and adds a layer of accountability. Therefore, I believe that both judges and juries have essential, albeit different, roles in the legal system, and it is crucial to maintain a balanced approach where matters of fact are decided collaboratively.