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'Trial by jury is inefficient and outdated.' Discuss two possible reforms to the jury system. - VCE - SSCE Legal Studies - Question 9 - 2013 - Paper 1
Question 9
'Trial by jury is inefficient and outdated.' Discuss two possible reforms to the jury system.
Worked Solution & Example Answer:'Trial by jury is inefficient and outdated.' Discuss two possible reforms to the jury system. - VCE - SSCE Legal Studies - Question 9 - 2013 - Paper 1
Step 1
Reform 1: Expand Jury Representation
Answer
One potential reform to the jury system is to broaden the representation of juries. This could involve implementing measures such as the introduction of a wider range of demographics or utilizing technology to ensure that jurors reflect the diversity of the community. Such reforms could mitigate biases that may arise from the traditional jury pool, making the process fairer and more equitable. By including individuals from various backgrounds, experiences, and perspectives, the objective of a fair trial can be better achieved.
Step 2
Reform 2: Incorporate Advisory Sentencing
Answer
Another possible reform is to allow juries to provide advisory verdicts on sentencing. Jurors could be given instructions to make recommendations regarding an appropriate sentence based on the evidence presented during the trial. This would empower jurors to engage more actively in the judicial process, potentially leading to more informed and balanced verdicts that consider both guilt and appropriate consequences. Moreover, it could foster a sense of responsibility among jurors, knowing that their input can influence sentencing decisions.