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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:
It is believed, and rightly so, that a person
learns from his past and makes his future bright
by correcting the mistakes committed in the past.
Due to this, a person should not be judged, as a
whole, by his past deeds only. Due the
weightage must be accorded to the present
circumstances in which the person commits an
act, which may either give a positive or a
negative result.
Different nations across the globe have a
different set of rules in respect of criminal cases
that come across the jury of such nation. The
jury under the British and Australian laws has no
access as regards the past criminal record of a
defendant. This provides an edge to the
defendant, as the jury comes to a decision in a
vacuum. Moreover, in absence of previous
criminal records the jury does not arrive at a
decision due to any biasedness or pre-
conceived notion about the character of the
defendant. This situation, undoubtedly, favours
the defendant.
However, another school of thought believes
that the jury must be aware of the past criminal
records of the defendant. According to the
believers of this school, an access to the past
criminal records, actually provides a factual,
realistic and reasonable platform to the jury to
deliver their judgment. The past records, as a
matter of fact, provides the insight into nature,
character, upbringing, social level, mental health
and numerous other factors of the defendant.
With the help of these tools, it becomes easy
and logical for the jury to read the subconscious
mind of such defendant. Moreover, it also
facilitates the jury to take a reasoned, well
defined, appropriate, conscious, deliberate,
judicious and prudent decision.
As a matter of fact, in the recent case of a
known gangster that made headlines in the
criminal magazine, The ABC, it was only due to
the knowledge of modus operandi of the said
gangster in past records, that the jury overruled
the theory of reasonable doubt that was
illusioned by the advocate of the defendant.
In short, in my opinion, the jury must be made
aware of the past records to provide them the
opportunity to have a full 360-degree view of the
defendant, as a whole.
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