A consistent theme in the media and on the political stage is the court’s perceived leniency on crime.
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It is perhaps not a surprise given the public receives most of its information on criminal cases from the media and not from the viewing gallery of a court room.
Given that the participation of the public as jurors in the justice system is a pivotal part of democracy and offers them perhaps a more democratic role than voting at the ballot box, the opinion of the public does matter.
One of the few international studies on jurors’ perspectives on sentencing was completed in Australia and found 62 per cent of jurors were actually more lenient than judges.
The full report is yet to be released, but a few details have been revealed, including the fact jurors were on average more lenient than the judge by 12 months.
The study questioned jurors straight after returning a guilty verdict to determine sentences prior to them being handed down by a judge.
There was one area of offending that didn’t fit the findings results - sex offences, especially child sex offences.
In cases of child sexual abuse of a victim under 12 years of age found 63 per cent of jurors suggested a more severe sentence.
Public outrage over perceived leniency in sentencing was again seen on the Bega District News’ Facebook page recently, when a Far South Coast man was given three-and-a-half years in prison for the sexual assault of a former girlfriend and almost running over her new partner.
When we read of a case such as this we empathise with the victim, we can try to imagine the hurt they and their families would go through in the aftermath of such a crime.
But are we, the public, lashing out at perceived inadequate years a person has been handed because we are not in the courtroom so do not understand the whole facts of the case?
Or is it that the justice system is not reflecting community expectations and needs to change?
How do we measure community expectations? Through Facebook comments?
Whatever the case, sexual assaults will likely continue to be under-reported until the perpetrators face serious enough sentences for the victims to feel it worthwhile to come forward.