Under 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. Do you agree or disagree? Give your own opinion and relevant examples.
Sample Response
It has been suggested that juries should have access to a defendant’s past criminal record when making decisions under British and Australian lawunder the British and Australian laws. However, I strongly disagree with this proposal, as it fundamentally undermines the principle of a fair and impartial trial.
Firstly, allowing juries to examine previous convictions could leadcould inevitably lead to prejudice and biasprejudice and biased judgment. Jurors, being ordinary individuals rather than legal professionals, may form preconceived notions about the defendant’s character. As a result, they might assumemight be inclined to assume guilt based on past behaviour rather than evaluating the present case objectively. This directly contradicts the fundamental legal doctrine that a person is presumed innocent until proven guilty. For instance, an individual who committed a minor offence years ago, such as petty theft, might be judged more harshlyunfairly judged more harshly in an unrelated case like a financial dispute, even if the evidence is weak.
Secondly, the current legal framework ensures that verdicts are reached solely onsolely on the basis of relevant and admissible evidence. This promotes objectivity and safeguards the judicial process from emotional reactions or irrational assumptionsemotional or irrational influences. If jurors were given access to prior criminal recordsexposed to prior criminal records, thisit could divert their attention from the facts of the case and lead to decisions driven by stigma rather than proof. In complex cases, this could significantly increase the risk of wrongful convictions.
Admittedly, some proponents argue that access to such information provides a fuller understanding of the defendant’s backgroundprovides a more comprehensive understanding of the defendant. However, this perceived advantage is outweighed by the potential for injustice, as it compromises neutrality and fairness.
In conclusion, granting juries access to a defendant’s past criminal record poses a serious threat to the integrity of the justice system. Therefore, it is essential to maintain the current practice to ensure that every individual receives a fair and unbiased trial.
Why this response received Band 8.0
The response presents a clear, consistent position and supports it with well-developed reasoning, especially its explanation of how prior convictions can prejudice jurors. Its main limitation is that the example of a financial dispute does not fit the criminal-case context and slightly weakens precision. Replace that example with a plausible criminal trial scenario and explain more concretely how jurors could misuse the prior record.
IELTS Writing Criteria Scores
Task Response
The position is direct and sustained, with relevant arguments that are developed through explanation and an attempted example.
Use an example drawn from a criminal trial and show exactly how knowledge of an earlier conviction could distort the verdict.
Coherence and Cohesion
Ideas progress logically through clearly focused paragraphs, and cohesive devices guide the reader without drawing undue attention.
Make the concession paragraph contribute more substantively by linking the opposing claim more explicitly to the rebuttal.
Lexical Resource
A wide and precise vocabulary supports nuanced discussion of legal fairness, prejudice, evidence, and judicial integrity.
Refine slightly awkward choices such as the opening reference to British and Australian law and avoid overstatement where a qualified term is more exact.
Grammatical Range and Accuracy
A broad range of complex structures is controlled accurately, with clear sentence boundaries and virtually no distracting errors.
Continue refining modifier placement and modal phrasing so every relationship is expressed with complete precision.
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IELTS Writing Task 2
Under 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. Do you agree or disagree? Give your own opinion and relevant examples.
Your response
Write the task yourself, then compare your choices with the annotated response.