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Explain How The Law Reflects Moral And Ethical Standards In Relation To The Use Of Juries

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Explain How The Law Reflects Moral And Ethical Standards In Relation To The Use Of Juries
The law greatly reflects moral and ethical standards in relation to the use of juries as juries ensure an accused is judged by their peers and members of the community, however, the selection process in a jury can also result in a jury which does not fully reflect community standards. Under the Jury Act 1977 (NSW), any Australian citizen may be called to serve on a jury, and citizens are randomly selected from the electoral roll. This means that the jury is essentially a representation of the community and its interests, thus, enabling the views and opinions of society to be upheld when deciding a verdict. It also allows an accused to be judged by their peers and fellow citizens, instead of a judge, who may not be in touch with the ethical …show more content…
However, the Jury Act 1977 (NSW) also enables certain groups of citizens to be exempt from jury service such as members of the clergy and those in full time care of a sick, infirm or disabled person, meaning that often, a jury is composed mainly of senior and unemployed citizens, which is not a true representation of the different demographics of the community, as well as it’s standards. Therefore, the law greatly reflects moral and ethical standards in relation to the use of juries, as it allows an accused to be judged by their peers, however, these standards may also be narrowed down due to the ability of certain citizens to opt …show more content…
A unanimous and majority verdict means that there is a higher standard by which the guilt of the accused must be proven, allowing lower chances of a wrongful conviction. This is because, within a trial involving the jury, the prosecution must prove the guilt of the accused to 10 or 11 or 12 jurors, instead of only one judge. The majority verdict was only introduced in recent years, to prevent rogue jurors from causing a mistrial due to the need for a unanimous verdict and a waste of large amounts of money being spent by the state and the accused in a trial. The reform was introduced following the case: R v Burrell 2005, in which a rogue juror was holding up a unanimous verdict, resulting in a mistrial. However, the subsequent reform only applied to criminal trials after the Burrell case. Despite the advantages of a majority verdict, such a verdict can also have negative implications on the accused if it happens to be that within a jury, the rogue juror is the only individual making a sensible and responsible verdict based on evidence presented in court. In this case, the verdicts of the other jurors would outweigh that of the rogue juror, potentially resulting in a wrongful conviction or ‘not guilty’ verdict. Thus, the law significantly reflects moral

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