Trial by Jury and The State of Exception: Lessons in Anti-terrorism Law and Politics From Ireland and New Zealand
Speaker: Fergal Davis, University of New South Wales
This paper will examine the totemic nature of the ‘right’ to trial by jury and in particular will focus upon the nature of that right in the context of anti-terrorism. The paper will draw upon the experience in Ireland and New Zealand in limiting the right to trial by jury in certain circumstances and will use that experience to explore the justifiability of removing the jury from the criminal trial process. In particular the paper will address the function of the jury in the criminal trial process; the legitimacy of interfering with that right; and whether there is anything particular about the anti-terrorism context which demands greater or lesser respect for the right to trial by jury.