Page 5746 - Week 17 - Thursday, 5 December 1991

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conduct. Unlike developments in North America and Europe, Australia Courts rarely entertain arguments about the correlation between serious PMS problems and uncharacteristic conduct.

20. If properly instructed on their role, juries would be more inclined to provide a lead on these issues. Juries must be encouraged to become assertive and proactive. The role of an ethical media is vital in this context. Defamation law reform will unleash this force.

CONCLUSIONS

21. Mr Stefaniaks search for an answer in having two less voices and two fewer minds is misplaced - we need wider reforms. If we re-democratise, re-empower and unshackle the jury it might forge the reforms for which much of the judiciary and the profession underpinning it has lost its zest.

Bernard Collaery Member Standing Committee on Legal Affairs of the ACT Legislative Assembly December 1991

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