The Jury System in Australia

The jury has significant symbolic appeal in the Australian legal system. Although it has been in decline in private law cases for some time, it remains a central part of the criminal justice system across Australia. However, despite its centrality to the Australian system of government, there is often significant confusion and uncertainty as to the nature of a jury trial and what purpose it is assumed to perform. This paper will introduce the reader to the jury system in Australia. Such an introduction requires a brief explanation of the federal system of government in Australia and the constitutional requirement for a jury trial. The paper will then focus on the way in which the High Court of Australia has understood the jury system. It will be shown that the institution of a jury can be understood in different ways and as serving different functions. The nature of that understanding, however, can sometimes be very important for questions about the operation and reform of the jury system. Given that Japan has recently introduced a jury system, there may be some lessons in the Australian experience for Japanese observers