The Trial by Jury Essay Example | Topics and Well Written Essays - 1250 words

The Trial by Jury - screen ExampleThrough the device of peremptory challenge which has been allowed in the selection of jurors, it has become possible for the defense force or the prosecution to manipulate the composition of the gore to suit their own purposes and further the verdict they seek to achieve, thereby making a mockery of the impartiality and dependability of the judicial process, which works to uncover the facts ring a case from an unbiased perspective and through an application of the law by honest, fair and straightforward jurors. Therefore, unless a pure jury system is reintroduced, the truth could be obscured or manipulated through the devices mentioned above and it may become necessary for a judge to adopt a more inquisitorial role to analyse deeper to discover the truth.One of the first aspects that belie the impartiality of the pure jury trial process lies in the terms on indictment in Article 80 of the Constitution, whereby the jury trial may be precluded altogether through Parliament authorizing summary proceedings for any offense. Fricke illustrates the merits of the pure jury system that was equal to acquit 13 diggers who were accused of treason in the Eureka trials, thus illustrating the power of the democratic jury trial process in upholding the popular perspective over the official establishment view. But the flexible of the pure jury trial process may be noted in Justice Wrights criticism of the existing jury trial system on the basis that juries deliver wrong verdicts because they essentially consist of amateurs who are easily influenced and manipulated by clever counsels. Hence it may be necessary for adjudicate themselves step in and uncover the truth which the jury may not be able to successfully achieve. The case of R v Laws also points out the dangers in using juries who may divulge nurture about jury deliberations before the verdict is reached in a case.