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.

1It is believed, and rightly so, that a person learns from his past and 2improves his future conductmakes 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. 43Therefore, due weightDue the weightage must be accorded to the present circumstances in which the person commits an act, which may either 5alter the interpretation of the actgive a positive or a negative result.

Different nations across the globe have 9different sets of rulesa different set of rules in respect of criminal cases that 10come before a jurycome across the jury of 11eachsuch nation. The jury under the British and Australian laws has 12no access tono access as regards the past criminal record of a defendant. This provides an edge to the defendant, as the jury comes to a 13decision based on evidence for the current chargedecision in a vacuum. Moreover, 14in the absence ofin absence of previous criminal records the jury does not arrive at a decision due to any 15biasbiasedness 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, 16access toan 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, 17provides insightprovides 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 18assess patterns of relevant past behaviourread the subconscious mind of such defendant. Moreover, it also facilitates the jury to take a reasoned, 19well-informed decisionwell 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 20knowledge of the modus operandiknowledge of modus operandi of the said gangster in past records, that the jury overruled the theory of reasonable doubt that was 21created by the defence lawyerillusioned 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.