Evaluation of the recommended juror eligibility reform
1. Attempts have been made in Victoria to increase jury eligibility through legislation – by reducing the occupational groups that are ineligible for service, and by halving the waiting period of ineligibility after a person leaves their job or retires (and potentially by not excluding people with physical disabilities such as blindness or deafness).
2. The 2010 amendment bill to the Juries Act 2000 (Vic) tried to increase jury eligibility by approximately 28,000 people, by reducing the occupational groups that are ineligible for service, and by halving the waiting period of ineligibility after a person leaves their job or retires. The Bill passed the Legislative Assembly easily, but was not considered quickly enough in the Legislative Council and it lapsed as a result. It was never actually voted down or rejected by Parliament. It should be reintroduced and passed.
If the Bill is reintroduced, it could be updated to increase jury eligibility even further. For example, people with blindness or deafness could potentially not be excluded from service.
3. Responses will vary according to the principle of justice selected.
4. Responses will vary according to the principle of justice selected.
5. The task word ‘critically examine’ requires a balanced response that points out both arguments in favour and concerns in relation to the recommended reform. An overall judgment is also required, judging the relative strengths of the arguments supported with evidence. For example, a student might argue that the recommended jury eligibility reform does have the ability to increase the achievement of the principles of justice in the criminal law system. In this case, ‘critically examining’ the extent to which the recommended reform has the ability to increase the achievement of the principles of justice overall in the criminal law system requires students to write about relevant arguments in favour and concerns in relation to the recommended reform.