Juries and the ‘detective juror’: Improving public discussion about juries and jurors

Abstract

In a high-profile trial, jury verdicts, jury questions, and the conduct of a so-called ‘detective juror’, may ignite public discussion and criticism of the role of juries in criminal trials. If, in the course of this discussion, a juror or jury is criticised, the voice of jurors is rarely heard in response. Through the examination of several high-profile cases, this article examines the role and limitations of a judge, Juries Commissioner, Attorney-General and academics in promoting informed public debate about jury trials. This article then discusses how a Juries Advisory Council could improve public discourse about juries and juror misconduct.