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The jury experience: insights from the Tasmanian jury study

Citation

Warner, K and Davis, J and Underwood, P, The jury experience: insights from the Tasmanian jury study, The Judicial Review: Selected Papers, 10, (3) pp. 333-360. ISSN 1038-8559 (2011) [Refereed Article]


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Copyright Statement

Copyright 2011 Judicial Commission of New South Wales

Official URL: http://www.judcom.nsw.gov.au/publications/bulletin...

Abstract

The Tasmanian jury study investigated whether juries could be used to gauge informed public opinion about sentencing. To help them debrief, jurors were invited to share their views of the jury experience itself and to ask questions or raise concerns that emerged from their jury service. This paper discusses some of the major themes that emerged from this aspect of the interviews and highlights their implications for trial management, court practice and jury instruction. While the authors report that jury experience (albeit stressful and intense) had a positive effect on confidence in the criminal justice system, they identified a number of factors which they found had an adverse impact on the juror experience. These factors include, among other things, sensitivity to criticism from the judge; reluctance or uncertainty about asking the judge questions; lack of information about jury processes, including jury selection and jury deliberations; and misunderstandings about the meaning of "beyond reasonable doubt", and the nature and effect of oral evidence. The authors make a series of practical suggestions to ameliorate these impacts.

Item Details

Item Type:Refereed Article
Keywords:Tasmanian Jury Sentencing Study, informed public opinion, jury experience
Research Division:Law and Legal Studies
Research Group:Law
Research Field:Law not elsewhere classified
Objective Division:Law, Politics and Community Services
Objective Group:Justice and the Law
Objective Field:Justice and the Law not elsewhere classified
Author:Warner, K (Professor Kate Warner)
ID Code:74265
Year Published:2011
Deposited By:Law
Deposited On:2011-11-17
Last Modified:2015-01-02
Downloads:13 View Download Statistics

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