The Australian Jury

Footnotes (by the Sydney University Law Society)

The Australian jury is known as a quintessential part of our legal system, as it provides a way to enable the general public to participate in and access the law. This tenant of the Australian court has been touted as essential to a fair trial, and ensuring the transparency of the legal process. Yet, as with any part of the legal process, the jury system has its own discourses. So, join us as we take the jury system to trial, as we discuss things from the media's effect on our jury system, to the importance of judge directions, to the nuances of the preremptory challenge.

Timestamps:

(0:00) Acknowledgement of Country

(00:20) Introduction

(01:45) The Empanelling Process

(17:30) The Trial Itself

(24:44) Deliberation and Post-Trial

(31:36) An Alternate Jury System?

(38:16) Outro

Additional Sources:

ALRC Aboriginal Peoples and the Jury: https://www.alrc.gov.au/publication/recognition-of-aboriginal-customary-laws-alrc-report-31/23-general-issues-of-evidence-and-procedure/aborigines-and-juries/

NSWLRC on Jury Selection: https://www.lawreform.justice.nsw.gov.au/Documents/Publications/Reports/Report-117.pdf

Criminal Trial Courts Bench Book on Liberato Direction: https://www.judcom.nsw.gov.au/publications/benchbks/criminal/onus_and_standard_of_proof.html#:~:text=%5D%3B%20%5B129%5D.-,%5B3%2D605%5D%20The%20Liberato%20direction%20%E2%80%94%20when%20a%20case,1.

Bilal Skaf Retrial: https://www.theage.com.au/national/jurors-blunder-wins-gang-rape-retrial-20040506-gdxsug.html

Study on American vs Australian Juries: https://digitalcommons.unl.edu/psychfacpub/1100/

Footnotes (SULS) is based on the unceded land of the Gadigal people of the Eora Nation. We acknowledge the traditional custodians of this land, and pay respects to the Elders past, present and emerging.