TY - JOUR
T1 - Enhancing communication with Australian and New Zealand juries: A survey of judges
AU - Ogloff, James Robert
AU - Clough, Jonathan Allan
AU - Goodman-Delahunty, Jane
PY - 2007
Y1 - 2007
N2 - Although juries have existed in Australia for more than 150 years, very little
empirical evidence is available concerning their operation. This article reports
the first in a series of studies aimed at investigating and enhancing judges
communications with juries. Judges who preside over criminal jury trials (49
from New Zealand and 136 from Australia) completed questionnaires to
gather information about their jury communication practices. Results reveal
that practices are highly variable, particularly between Australia and New
Zealand, but also across and even within States. Significant differences
occurred concerning the average duration of the charge, whether judges
provide (or allow) jurors to receive written or diagrammatic aids, whether
jurors have access to the transcript, how jurors can ask questions, the scope
of preliminary instructions on the law, and whether judges provide information
about resolving disputations among jurors. Policy implications and the need
for ongoing research are discussed.
AB - Although juries have existed in Australia for more than 150 years, very little
empirical evidence is available concerning their operation. This article reports
the first in a series of studies aimed at investigating and enhancing judges
communications with juries. Judges who preside over criminal jury trials (49
from New Zealand and 136 from Australia) completed questionnaires to
gather information about their jury communication practices. Results reveal
that practices are highly variable, particularly between Australia and New
Zealand, but also across and even within States. Significant differences
occurred concerning the average duration of the charge, whether judges
provide (or allow) jurors to receive written or diagrammatic aids, whether
jurors have access to the transcript, how jurors can ask questions, the scope
of preliminary instructions on the law, and whether judges provide information
about resolving disputations among jurors. Policy implications and the need
for ongoing research are discussed.
UR - http://subscriber.lawbookco.com.au.ezproxy.lib.monash.edu.au/ThomsonNXT4/pdf/pdf.aspx/LAWREP-016-JJA-JL-0235.pdf?ref=LAWREP-016-JJA-JL-0235.pdf
M3 - Article
VL - 16
SP - 235
EP - 255
JO - Journal of Judicial Administration
JF - Journal of Judicial Administration
SN - 1036-7918
IS - 4
ER -