Judicial fact-finding: Trial by judge alone in serious criminal cases
V Waye - Melb. UL Rev., 2003 - HeinOnline
There have been a number of studies undertaken that compare the role of judge and jury as
fact-finders in criminal cases. 1 The primary purpose of these studies has been to evaluate
the jury as an arbiter of justice. Such evaluation has occurred by benchmarking decision-
making by jury against decision-making by judges and other legal professionals.
Consequently, the studies have been premised upon the notion that judicial decision-
making is more likely to accord with the law and its rationales. On a positivist conception of …
fact-finders in criminal cases. 1 The primary purpose of these studies has been to evaluate
the jury as an arbiter of justice. Such evaluation has occurred by benchmarking decision-
making by jury against decision-making by judges and other legal professionals.
Consequently, the studies have been premised upon the notion that judicial decision-
making is more likely to accord with the law and its rationales. On a positivist conception of …
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