Forum

 
  Back to OzPolitic.com   Welcome, Guest. Please Login or Register
  Forum Home Album HelpSearch Recent Rules LoginRegister  
 

Poll Poll
Question: Should juries be able to impose minimum sentences?

yes    
  2 (33.3%)
no    
  4 (66.7%)




Total votes: 6
« Created by: freediver on: Mar 4th, 2007 at 2:55pm »

Page Index Toggle Pages: 1
Send Topic Print
Jury plan a threat to justice? (Read 3523 times)
freediver
Gold Member
*****
Online


www.ozpolitic.com

Posts: 47356
At my desk.
Jury plan a threat to justice?
Mar 4th, 2007 at 2:55pm
 
The NSW opposition proposes to allow juries in criminal trials to impose minimum sentences. This could jeopardise trials if a jury gets 'hung up on' the punishment. Should juries be restricted to deciding guilt or innocence, and leave sentencing up to judges and the political process? Why limit it to minimum sentences? Why not allow a maximum sentence as well so they can limit punishment for people they feel sorry for?

In my opinion, juries are only useful in ensuring justice is done by deciding guilt or innocence - who is lying and who is telling the truth. They have no expertise and no useful role to play in sentencing. Sentences should be consistent and not at the whims of a jury.

http://www.smh.com.au/news/National/Jury-plan-a-threat-to-justice-Iemma/2007/03/04/1172943259962.html
Back to top
 

I identify as Mail because all I do is SendIT!
WWW  
IP Logged
 
AUShole
Full Member
***
Offline


OzPolitic

Posts: 159
WA
Gender: male
Re: Jury plan a threat to justice?
Reply #1 - Mar 4th, 2007 at 5:38pm
 
I have found the jury concept to be flawed because they are often not representative, or members are unable to make a decision free from bias, or do not underdstand the legal concept of 'beyond reasonable doubt'.

After my experience of being a jury member, if I were a defendant in proceedings, I would elect to trial by magistrate (or whoever is the court arbiter).

Having the jury decide the verdict AND the sentencing is a recipe for disaster. A better option would be a magistrate verdict and jury sentencing.

Back to top
 
 
IP Logged
 
enviro
Senior Member
****
Offline


Taking Out The Trash

Posts: 323
Weethalle NSW
Gender: male
Re: Jury plan a threat to justice?
Reply #2 - Mar 4th, 2007 at 9:05pm
 
Talk about POLL happy.

By allowing the Jury to recommend a sentence will clear them of guilt if they are not sure when convicting someone of guilt. What's it meant to be? 'Guilty beyond all reasonable doubt' Now reasonable doubt will be turned into a minimum sentence.
Shocked
Back to top
 
 
IP Logged
 
freediver
Gold Member
*****
Online


www.ozpolitic.com

Posts: 47356
At my desk.
Re: Jury plan a threat to justice?
Reply #3 - Mar 5th, 2007 at 9:45am
 
If they aren't sure they should find the defendant innocent. Setting a minimum sentence won'e alleviate their guilt as the judge will just ignore it if it is too low.



Deaf, blind 'should serve' on juries

http://www.smh.com.au/news/National/Deaf-blind-should-serve-on-juries/2007/05/14/1178995049810.html

Deaf and blind people should be allowed to sit on juries, a new Law Reform Commission report recommends.

NSW Attorney-General John Hatzistergos said the report noted services including interpreters, stenographers, and instant, computer-aided transcripts would be able to help disabled jurors.

"In a society such as ours which depends on the jury system of justice, it is important that we ensure that the system is broadly based, whilst at the same time not detracting from the quality of justice," Mr Hatzistergos said.

The report also noted that blind and disabled people served as jurors in New Zealand and the United States.
Back to top
« Last Edit: May 14th, 2007 at 3:04pm by freediver »  

I identify as Mail because all I do is SendIT!
WWW  
IP Logged
 
freediver
Gold Member
*****
Online


www.ozpolitic.com

Posts: 47356
At my desk.
Should jury verdicts be unanimous or majority?
Reply #4 - Apr 27th, 2007 at 2:42pm
 
http://www.smh.com.au/news/National/Qlds-top-judge-calls-for-jury-reform/2007/04/27/1177459949323.html

Queensland's chief justice has called for wide-ranging jury reform, including the possibility of giving judges the discretion to accept majority verdicts.

Chief Justice Paul de Jersey described the state's requirement for unanimous verdicts in criminal trials as "out of step with the rest of the country".

Last year, the NSW government became the second legal jurisdiction in Australia, after the Northern Territory, to introduce majority verdicts in criminal trials.

The law allows judges to permit juries to reach 11-1 majority verdicts after they have spent at least eight hours trying to come to a unanimous decision.

One intransigent juror who doesn't follow legal instruction can force a retrial under the current law, Chief Justice de Jersey said, causing extreme trauma for victims.



"It's become necessary for us to take the rather absurd step of busing juries, say at 9.30, 10 o'clock at night, from Brisbane to Ipswich or the Gold Coast to find accommodation," Chief Justice de Jersey said.

He said he had spoken to Queensland Attorney-General Kerry Shine about the possibility of doing away with the obligation for juries to remain together during a hearing, a practice he described as "archaic".

The current daily rate of pay for a juror is $97, increasing to $129 per day if a trial goes beyond 20 working days.
Back to top
 

I identify as Mail because all I do is SendIT!
WWW  
IP Logged
 
Sprintcyclist
Gold Member
*****
Offline


OzPolitic

Posts: 39506
Gender: male
Re: Should jury verdicts be unanimous or majority?
Reply #5 - Apr 27th, 2007 at 3:52pm
 
Majority, I would go for a 9 - 3 split to be sufficient.

The Scottish method has its merits. I believe they do not have juries. Just a judge to determine.
Reduces the "effectiveness" of persuasive lawyers.

I also believe a persons prior convictions should be made known during a trial. TYhat is not the case in Auss I think.
Back to top
 

Modern Classic Right Wing
 
IP Logged
 
Page Index Toggle Pages: 1
Send Topic Print