NCJ Number
93097
Date Published
1982
Length
19 pages
Annotation
In recent years in Australia, there has been a vast amount of legislation enacted where offenses are triable summarily rather than by juries, thus tending to erode the role of juries.
Abstract
Apart from drug legislation, the decision to exclude trial by jury has been made almost as a matter of routine and administrative convenience rather than out of a distrust of juries. It appears that provisions for trial by jury has been inserted in legislation not to safeguard the rights of defendants but rather to emphasize the seriousness of the offense and the determination of the legislature to 'crack-down' on offenders. Still, regardless of the motives of legislators, trial by jury has long been viewed as a vital safeguard against oppressive laws and governments. The further erosion of this institution should be resisted. There are also provisions in three Australia States that permit majority jury verdicts, which weakens the concept of trial by jury and the allied notion of proof beyond a reasonable doubt. Forty-eight notes are provided.