Under the British and Australian laws a jury in a criminal case has no access to information about the defendant’s past criminal record. This protects the person who is being accused of the crime. Some lawyers have suggested that this practice should be changed and that a jury should be given all the past facts before they reach their decision about the case. Discuss both these points of views and give your own opinion.
Sample Response
It is believed, and rightly so, that a person learns from his past and makes his future bright by correcting the mistakes committed in the past. Due to this, a person should not be judged, as a whole, by his past deeds only. Due the weightage must be accorded to the present circumstances in which the person commits an act, which may either give a positive or a negative result.
Different nations across the globe have a different set of rules in respect of criminal cases that come across the jury of such nation. The jury under the British and Australian laws has no access as regards the past criminal record of a defendant. This provides an edge to the defendant, as the jury comes to a decision in a vacuum. Moreover, in absence of previous criminal records the jury does not arrive at a decision due to any biasedness or pre-conceived notion about the character of the defendant. This situation, undoubtedly, favours the defendant.
However, another school of thought believes that the jury must be aware of the past criminal records of the defendant. According to the believers of this school, an access to the past criminal records, actually provides a factual, realistic and reasonable platform to the jury to deliver their judgment. The past records, as a matter of fact, provides the insight into nature, character, upbringing, social level, mental health and numerous other factors of the defendant. With the help of these tools, it becomes easy and logical for the jury to read the subconscious mind of such defendant. Moreover, it also facilitates the jury to take a reasoned, well defined, appropriate, conscious, deliberate, judicious and prudent decision.
As a matter of fact, in the recent case of a known gangster that made headlines in the criminal magazine, The ABC, it was only due to the knowledge of modus operandi of the said gangster in past records, that the jury overruled the theory of reasonable doubt that was illusioned by the advocate of the defendant.
In short, in my opinion, the jury must be made aware of the past records to provide them the opportunity to have a full 360-degree view of the defendant, as a whole.
IELTS Writing Correction
- 1. Clearer wording Original: makes his future bright Suggested revision: improves his future conduct Why it matters: This revision is more accurate, natural and precise in context.
- 2. Grammar fix Original: Due the weightage Suggested revision: Therefore, due weight Why it matters: This revision is more accurate, natural and precise in context.
- 3. Clearer wording Original: give a positive or a negative result Suggested revision: alter the interpretation of the act Why it matters: This revision is more accurate, natural and precise in context.
- 4. Clearer wording Original: a different set of rules Suggested revision: different sets of rules Why it matters: This revision is more accurate, natural and precise in context.
- 5. Clearer wording Original: come across the jury Suggested revision: come before a jury Why it matters: This revision is more accurate, natural and precise in context.
- 6. Grammar fix Original: of such nation Suggested revision: of each nation Why it matters: This revision is more accurate, natural and precise in context.
- 7. Clearer wording Original: no access as regards Suggested revision: no access to Why it matters: This revision is more accurate, natural and precise in context.
- 8. Clearer wording Original: decision in a vacuum Suggested revision: decision based on evidence for the current charge Why it matters: This revision is more accurate, natural and precise in context.
- 9. Clearer wording Original: biasedness Suggested revision: bias Why it matters: This revision is more accurate, natural and precise in context.
- 10. Grammar fix Original: in absence of Suggested revision: in the absence of Why it matters: This revision is more accurate, natural and precise in context.
- 11. Clearer wording Original: an access to Suggested revision: access to Why it matters: This revision is more accurate, natural and precise in context.
- 12. Clearer wording Original: provides the insight Suggested revision: provides insight Why it matters: This revision is more accurate, natural and precise in context.
Suggested Rewrites
- makes his future bright improves his future conduct
- Due the weightage Therefore, due weight
- give a positive or a negative result alter the interpretation of the act
- a different set of rules different sets of rules
- come across the jury come before a jury
- of such nation of each nation
Why this response received Band 6.5
The response discusses both legal approaches and gives a clear preference for disclosing prior records, with logical paragraphing and an attempt at supporting evidence. Its persuasiveness is limited by speculative claims about reading a defendant's mind, an unverified example and frequent legal collocation errors; the priority is to weigh prejudice against evidential relevance using cautious, precise reasoning and a credible hypothetical example.
IELTS Writing Criteria Scores
Detailed feedback by IELTS writing criterion after the annotated essay.
Task Response
The task is addressed with relevant content, but key details or reasoning need fuller precision.
Develop the main features or claims with exact, verifiable support.
Coherence and Cohesion
The response has a clear overall structure, though local progression can be more precise.
Use explicit, economical sequencing and remove repetition.
Lexical Resource
Vocabulary is sufficient for the task, but several collocations or word choices are inaccurate.
Replace awkward combinations with standard academic or task-specific phrasing.
Grammatical Range and Accuracy
A range of forms is attempted, but recurring grammar errors reduce accuracy.
Proofread agreement, articles, prepositions and clause structure.