Go to Home

The Jury Projects

A series of three separate studies (the Tasmanian pilot study, the Victorian study and the National study), which build on each other and focus on different questions but each, at its heart, shares a focus on gauging the views of jurors on sentencing.

The inspiration for the jury projects:

‘If governments were concerned to know what the public think of sentencing practice, a survey of the reactions of jurors to sentences imposed in cases which those jurors had tried could provide interesting information. That could be a useful practical test of whether there is some systemic failure of the process to meet the expectations of well-informed members of the public.’

Hon Murray Gleeson AC; Out of Touch or Out of Reach’ (2005) 7 Judicial Review 241

About the projects

The Tasmanian jury study was the first study, in this series of studies, and explored the value of asking jurors for their opinions on sentencing. The idea behind this being that jurors, as representative members of the public, who have been involved in a real criminal trial and have been exposed to a flesh and blood offender, may be in a better position than some other members of the public to comment on the appropriateness of sentences imposed on offenders. Contrary to expectations, the majorty of jurors (52%) proposed a sentence for the offender in their trial which was actually more lenient than the sentence imposed for that same offender by the judge.

Research partners

  • Victorian Sentencing Advisory Council (Partner Investigator, National Study)
  • Australasian Institute of Judicial Administration (Partner Investigator, National Study);
  • Tasmanian Department of Justice (Partner Investigator National Study);
  • Victims of Crime Commission ACT (Partner Investigator National Study;
  • Considerable support was provided by the Courts and in particular the Sheriff at the Supreme Court of Tasmania and the Juries Commissioner’s Office, Victoria.

Funding source

  • Tasmanian Project
    Criminology Research Council
  • Victorian Project
    Australian Research Council Discovery Project: DP 130101054
  • National Project
    Australian Research Council Linkage Project: LP130100083 (and seed funding from the Australasian Institute of Judicial Administration)

Research group

Project Team and Affiliation

  • Professor Kate Warner
    University of Tasmania
    (Tasmanian, Victorian and National jury projects)
  • Associate Professor Julia Davis
    University of South Australia
    (Tasmanian, Victorian and National jury projects)
  • Professor Maggie Walter
    University of Tasmania
    (Tasmanian jury project)
  • Emeritus Professor Arie Freiberg
    Monash University
    (Victorian jury project)
  • Professor Lorana Bartels
    University of Canberra
    (National jury project)
  • Professor Geraldine Mackenzie
    University of Southern Queensland
    (National jury project)
  • Professor George Zdenkowski
    University of Tasmania
    (National jury project)
  • Associate Professor Lynne Roberts
    Curtin University
    (National jury project)

Research Assistants

  • Dr Caroline Spiranovic
    Senior Research Assistant
    (Victorian and National jury projects)
  • Rachel Vermey
    (Tasmanian and Victorian jury projects)
  • Luci Wilson
    (Tasmanian jury project)
  • Rebecca Bradfield
    (Tasmanian and Victorian jury project)
  • Dr Helen Cockburn
    (Victorian jury project)
  • Dr Rhiannon Davies
    (National jury project)
  • Dr Charlotte Hunn
    (National jury project)
  • Tamara Lipscombe
    (National jury project)
  • Jessica Sipes
    (National jury project)

Publications

Sample study materials