NCJ Number
60839
Date Published
1979
Length
6 pages
Annotation
THE MINISTER OF JUSTICE FOR NEW SOUTH WALES, AUSTRALIA, PROPOSES THAT THE JURY SYSTEM CANNOT DEAL EFFECTIVELY WITH COMPLEXITIES OF MODERN CORPORATE CRIME AND THAT THESE CASES SHOULD BE TRIED BEFORE A JUDGE.
Abstract
OFFICIALS FROM THE MINISTRY OF JUSTICE PRESENTED A REPORT IN 1978 RECOMMENDING THAT WHITE-COLLAR OFFENSES OF AN ECONOMIC NATURE BE TRIED BEFORE A SUPREME COURT JUDGE WITHOUT A JURY. THE ARTICLE SUMMARIZES THE PROPOSALS OF THE REPORT AND LISTS OFFENSES THAT WOULD COME UNDER ITS JURISDICTION. THE PROPOSED MAXIMUM PENALTY FOR SUCH OFFENSES IS PENAL SERVITUDE FOR 10 YEARS. THE PAPER WAS TABLED BY PARLIAMENT, AND ALTHOUGH IT WAS WIDELY CIRCULATED, INTEREST WAS MINIMAL. TO ILLUSTRATE THE NEED FOR SUCH REFORM, THE MINISTER OF JUSTICE PRESENTS AN IMAGINARY CASE OF CORPORATE CRIME THAT FROM INVESTIGATION THROUGH TRIAL BY JURY SPANNED ALMOST 10 YEARS AND COST OVER 5-MILLION DOLLARS. WHITE-COLLAR CASES FREQUENTLY HAVE A NUMBER OF DEFENDENTS, INVOLVE LARGE SUMS OF MONEY, AND DEMAND A HIGH DEGREE OF EXPERTISE FROM ATTORNEYS AND JUDGES. IN THIS SITUATION THE JURY SYSTEM DOES NOT OPERATE EFFICIENTLY, BUT ONLY ADDS TO THE DELAY AND COST. THE UNITED STATES AND ENGLAND HANDLE LARGE, COMPLEX TRUST CASES BY DECIDING NOT TO PURSUE THEM, BUT THIS REPORT PROPOSES AN ALTERNATIVE THAT IS CHEAPER, PLACES LESS STRAIN ON THE PROSECUTION AND THE ACCUSED, AND STILL PROVIDES A FAIR TRIAL. (MJM)