The jury system has existed for almost 800 years. It was first introduced into England to replace the old system of trial by physical ordeal. Over the years the system of trial by jury has changed considerably. Through this court system, criminal law is interpreted by a jury who are seen as expressing the opinion and sense of the ordinary man and woman in society. The punishment however is awarded by a judge who is trained in sentencing, so that there is some consistency in the punishment to fit the crime.
In Australia the jury is made up of 12 people, however the amount of people in a jury can vary depending on which sate or country the trial is taking place in, eg in the United States of America criminal cases are tried by six member juries. .
During this essay I will discuss the positive and negative consequences of using the jury system in Australia and explore some of the solutions which have been suggested to replace the problems and unhappiness arising from perceived injustices. .
Some of the positive attributes that a Jury brings to a trial are that the law is given a human face and cases are not always black and white. A judge is compelled to apply the law in a strict and technical way. Whereas a jury is able to base their verdict on the fairness of a case and are able to bring in different elements such as empathy for the plaintiff and the general feeling of the community towards the crime. .
The Jury also brings in a wide diversity of opinions as every individual has their own beliefs and theories and because of this it is more likely that the overall result will be more accurate. .
The use of a jury made up of citizens drawn from the community also ensures that the legal system doesn't become distant, nor alien to, the public. The use of the jury therefore keeps the criminal justice system on level with the standards of ordinary, everyday people this also ensures that the support of the community behind the legal justice system is maintained.