Page 5739 - Week 17 - Thursday, 5 December 1991

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of deep concern. Public confidence in the jury has been seriously eroded as a result of speculation, given credence by a Premier and an Attorney-General. Although, the jury has so far survived the vicissitudes of Australian politics, a growing conservatism of outlook in Australia coinciding with unprecedented public disquiet over inadequacies in the delivery of justice threatens this ancient institution.

4. In simple terms, the value of a jury is the surd total of the value of

the jurors minds. The more jurors the more chance of better

knowledge, broader minds, better skills. An obvious example is the

fact that in commercial matters, the wider the jury spectrum the

more chance of finding commercially related skills with the jury.

Fundamental to the, jury system is the method of selection - the scale

of exemptions given; particularly to professionals and community

service people who are often technically and socially aware is of

concern.

5. Oil a smaller stage, we need to be careful in this Territory not to mimic untaught impulses. Practising lawyers know that most ACT juries are sensitive and aware. Whilst the chances of getting this with ten in an ordered society ire good, they are better with twelve aryl this is the essential :issue. .

THE JURY

6. As originally conceived, the jury, was designed to stay, the hand of those who would.punish arbitrarily and/or capriciously. The jury

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