A guaranteed right to trial by jury at state level?

Abstract

This article discusses recent changes to the rules regarding juries in Queensland, in particular, providing for more judge-only trials and allowing majority jury verdicts in almost all cases. These changes generally mirror changes made in other Australian jurisdictions. The article critiques these changes, in the context that many jurists have commented on the importance of juries in our criminal justice system. The High Court has commented on the undesirability of different grades of justice applying in our federal system; it is argued that given there is some guarantee of jury trial for federal offences and the same should apply to state offences, the level at which most of the criminal law in Australia sits. There is support for such a ‘draw-down’ of principles from the federal to state level in the United States jurisprudence. The article draws on literature supporting the importance of jury trials to perceptions of the ‘quality’ of decisions as to guilt or innocence, and to public confidence in our criminal justice system. The fact that at least one juror is not convinced of the accused's guilt may also suggest the existence of reasonable doubt, yet these laws provide for a conviction on a majority verdict. Arguments in favour of majority verdicts are also considered.