The white elephant in the room : juries, jury arrays and race

Description

The Full Court of the Supreme Court of the Northern Territory can agitate and ventilate issues in the Northern Territory. With particular reference to two well covered media cases – one involving the stabbing of a prominent non-Indigenous sporting identity by two young Aboriginal men, and charges laid against five non-Aboriginal men for the murder of an Aboriginal man – this article explores issues of jury representation in the cases, where those with criminal records are disqualified from service. In particular, in the case of Woods and Wilson, appeals regarding the jury were unusual but not unprecedented, and raised discussions about how juries were selected, and the influence of race on jury-led convictions. Due to the lack of transparency in jury decisions this article considers the difficulties of measuring the significance of the ‘white elephant in the room’ in regards to jury representation, race and conviction.

Copyright Information

This document has been sourced from the Indigenous Law Bulletin, previously known as the Aboriginal Law Bulletin, database published on Austlii (http://www.austlii.edu.au/au/journals/IndigLawB/). AustLII advises that it is not the copyright owner of the source documents published on AustLII and is not able to give permission for reproduction of those source documents (refer copyright policy disclaimer dated October 2010). Queries about copyright should be referred to the publisher - the Indigenous Law Centre and the University of New South Wales.