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ARTICLE · 14 SEPTEMBER 2022

Should juries be told the criminal history of the defendant?

The current law in NSW prohibits the admission into evidence of a defendant's past criminal conduct in most cases.

AustraliaLitigation, Mediation & Arbitration

Knowledge of past crimes can influence jury verdicts

The question of whether a jury should be made aware of a defendant's criminal history is often debated.

Let's say you are on a jury considering the guilt or innocence of a man charged with burglary. You are only able to make your decision based on what you hear in court. You and your fellow jurors decide the evidence against him isn't strong enough and there is room for reasonable doubt.

You declare he is not guilty, and he walks free. You then learn he has been convicted of burglary several times before. If you had known this during the trial, would it have changed your verdict?

What if the defendant faced charges of violent crime such as assault, rape or murder? Should you as a juror have the right to know the defendant's prior criminal record to help you assess his character and the likelihood that he committed this particular crime?

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