WRITING TASK 2
You should spend about 40 minutes on this task.
Present a written argument or case to an educated reader with no specialist knowledge.
Write about the following topic:
Under the British and Australian laws a jury in a criminal case has no access to information about the defendant’s past criminal record. This protects the person who is being accused of the crime. Some lawyers have suggested that this practice should be changed and that a jury should be given all the past facts before they reach their decision about the case. Discuss both these points of views and give your own opinion.
Give reasons for your answer and include any relevant examples from your own knowledge or experience.
Write at least 250 words.
Sample Answer:
In criminal cases, the issue of whether a jury should have access to information about the defendant’s past criminal record is a contentious one. Under the current laws in the UK and Australia, juries are not privy to this information in order to protect the defendant from potential bias. However, some legal experts argue that this practice should be reconsidered and that juries should be given access to all relevant past facts before reaching a decision.
Those in favor of maintaining the current practice argue that allowing juries to know about the defendant’s past criminal record could lead to prejudice and unfair treatment. They argue that jurors may be swayed by the defendant’s prior convictions and may be more likely to find them guilty based on their past actions rather than the evidence presented in the current case. This could potentially undermine the principle of “innocent until proven guilty” and compromise the fairness of the trial.
On the other hand, proponents of giving juries access to the defendant’s past criminal record argue that it is essential for them to have a complete understanding of the defendant’s background in order to make an informed decision. They argue that knowing about the defendant’s past actions may provide important context for the current case and may help the jury assess the defendant’s credibility and likelihood of reoffending.
In my opinion, while it is important to protect the defendant from unfair treatment, the current practice of withholding information about the defendant’s past criminal record may not always serve the interests of justice. It is crucial for the jury to have a comprehensive understanding of the defendant’s background in order to make a fair and informed decision. However, this information should be presented in a carefully regulated manner to prevent potential prejudice. Perhaps a compromise could be reached where the judge carefully considers the relevance of the defendant’s past criminal record and decides whether it should be disclosed to the jury on a case-by-case basis.
In conclusion, the issue of whether a jury should have access to information about the defendant’s past criminal record is a complex one with valid arguments on both sides. Ultimately, the goal should be to ensure a fair trial for all parties involved, and this may require a careful reconsideration of the current practice.
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