Challenging the peremptory challenge system in Australia

Jacqueline Horan, Jane Goodman-Delahunty

Research output: Contribution to journalArticle

Abstract

References to explore reforms on jury selection processes are pending before the Law Reform Commissions in Western Australia and Queensland. The New South Wales Law Reform Commission's 78 recommendations addressing jury selection are being implemented. A bill passed in Federal parliament will pave the way for the Federal court to introduce jury trials in large criminal cartel cases. The Federal Court is formulating a set of appropriate procedures for jury selection in these cases. With so much reform activity in Australia, a thorough consideration of the relevance of the peremptory challenge process in the 21st century is timely. This article reviews peremptory challenge procedures in use in Australian jurisdictions. We argue that the rising popularity of empanelling by number and other new conditions under which the jury system operates obviate the need for peremptory challenges in contemporary trials.
Original languageEnglish
Pages (from-to)167-186
Number of pages20
JournalCriminal Law Journal
Volume34
Issue number3
Publication statusPublished - Jun 2010

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