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Will jury be able give unbiased opinion on the defendant’s case, in case they have previous criminal records of him or with more information available with the jury, they will be able to take more informed decision? This intriguing question is being asked in every nook or corners of British and Australian law corridors. In my opinion, the current practice of not providing the past criminal record of the accused is unpalatable and this tradition needs to be quashed.
It is apparent that ultimately the right for making the judgement rests with the Judge and role of jury is to only provide their opinion based on the proceedings of the case. If jury has access to past records of the accused, they will be able to make more informed opinion and which will help the judge to decide the matter with more accuracy.
Moreover, jury will not be credulous to defendant’s lawyer, in case historical facts about the defendant are known to jury members and jury will be prevented from taking any arbitrary position. Additionally, knowing the holistic personality of the suspect, including past and present facts will provide complete picture to the jury, who will able to make a informed decision by connecting the missing links deduced from the background of the suspect. For example, if a suspect has a history of eve teasing and he is a suspect in the rape case, his past criminal records will be very crucial in deciding the matter.
In conclusion, I would reiterate that providing access to past criminal records of the defendant to the professionals deciding the case is vital. Therefore, above proposed alteration must be considered by British and Australian authorities.
