- Title
- Procedural fairness and jury satisfaction: An analysis of relational dimensions
- Creator
- Goodman-Delahunty, Jane; Tait, David; Martschuk, Natalie
- Relation
- Procedural Justice and Relational Theory: Empirical, Philosophical, and Legal Perspectives p. 44-62
- Relation
- Routledge Research in Legal Philosophy
- Publisher
- Routledge
- Resource Type
- book chapter
- Date
- 2021
- Description
- Challenges faced by juries in performing their duties are well documented. These include the unfamiliarity and gravity of the assignment, the absence of guidance on key tasks, inadequate remuneration, working with strangers, and grappling with highly technical legalese (Goodman-Delahunty et al. 2008; Peter-Hagene, Salerno & Phalen 2019). Criticisms of jury competence are perennial, and rely on dominant narratives, many of which have been exposed as myths (Bornstein & Greene 2017). Unsurprisingly, avoidance of jury duty is a common response to a jury summons (Sams, Neal & Brodsky 2013, p. 4). Jury reforms in this context are constant, and not necessarily evidence-based.Most jury reform efforts centre on judicial directions, and are often ad hoc (Clough et al. 2019, p. 1). This focus derives from an outmoded model of jury information processing—a judicial myth that juries understand and adhere to every direction from the court, so all that has to be done is modify the directions to accomplish new judicial objectives. As more judges come to accept that juries struggle to understand and apply legal jury instructions, reliance on linguistic simplification to remedy the communication problem is diminishing. For example, during his tenure as Chair of the NSW Law Reform Commission, Justice Wood led initiatives to increase the participation of citizens on juries and sup-ported a range of interventions to improve communications between courts and juries (Goodman-Delahunty 2015, p. 58). Contemporary reforms incorporate a paradigm shift that respectfully acknowledges jurors’ active engagement as fact-finders.
- Subject
- justice; law; criminology; procedural justice
- Identifier
- http://hdl.handle.net/1959.13/1450344
- Identifier
- uon:43905
- Identifier
- ISBN:9780429317248
- Language
- eng
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