Australasian Jury Research and Practice Conference

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Event Details

Date:
2 November 2018 at 9:00 am – 2 November 2018 at 5:00 pm
Venue:
Moot Court, Faculty of Law, Ground Floor, 15 Ancora Imparo Way (Building 12), Monash University, Clayton, VIC 3800
Cost:
$120 per person
Register here:
http://bit.ly/2NKJDVP

Description

The Monash Law Faculty in conjunction with the Victorian Office of Public Prosecutions are delighted to host the Annual Australasian Jury Research & Practice Conference.

The one day conference will be held in the Moot Court complex at Monash University, Faculty of Law (Clayton) on Friday 2 November Melbourne 2018.

The theme to be explored at the conference is ‘E trials and other jury trial innovations’.

**PLEASE NOTE** Registrations for this event will close on THURSDAY 1 NOVEMBER at 5pm. There will be NO on-the-day registrations.

Continuing Professional Development (CPD): This professional development activity has been designed to meet the CPD needs of lawyers. If this session does meet your CPD needs according to the Uniform CPD (Solicitors) Rules 2015 available at https://www.liv.asn.au/Professional-Practice/Compliance/CPD-Compliance or Legal Profession Uniform Continuing Professional Development (Barristers) Rules 2015 You may claim 1 CPD unit for each hour of attendance (breaks not included).

Conference Program

The Conference Program will include the following sessions:

1. Demonstration of jury trial technology presented by Kerri Judd QC, the Victorian Director of Public Prosecutions. The advantages and disadvantages of giving jurors tablets will be discussed.

2. Practical Deficiencies of Remote Video Evidence presented by Graham Turnbull SC of the NSW Bar

Practical Deficiencies of Remote Video Evidence presented by Graham Turnbull SC of the NSW Bar.

3. How are support dogs being used to support participants in jury trials. The Solicitor for Public Prosecutions, John Cain and Julie Morrison, OPP support dog expert will discuss the Victorian OPP's Victim Support Dog Program.

4. Recent Victorian Jury Reforms. Described by the former Victorian Chief Justice as 'the most significant criminal law reforms in this state's history' the Jury Directions Act 2013 and the Jury Directions Act 2015 have transformed the way in which jury directions are given in Victoria. Professor Jonathan Clough (Monash), Dr Ben Spivak (Swinburne), and Mr Greg Byrne PSM (Department of Justice) will discuss some of the Victorian reforms as well as preliminary assessments of their effectiveness.

5. What should sexual assault jury trials of the future look like? Sexual assault trials are the most problematic type of trial for jurors. There is a tension between the subject matter of the crime and how it fits into the traditional ways jury trials are run in common law jurisdictions. What innovations might assist the current processes? The Honourable Judge Meryl Sexton will discuss these issues with a panel of experts: Kevin Doyle of the Office of Public Prosecutions, Robert Stary of defence law firm Stary Norton Halphen, Associate Professor Yvette Tinsely (VUW) and Associate Professor Blake McKimmie (UQ).

6. What should sexual assault jury trial courtrooms of the future look like? Professor David Tait (UWS), in conversation with Mr Mark Wilde (Architectus) a leading court architect, will present the layout of courtrooms in several European jurisdictions and discuss how these designs improve the experience of justice for participants.

7.Jury research and practice up-date. Dr Bianca Klettke (Deakin) will act as the rapporteur and stimulate discussion around three presentations on the following topics:

  • Forensic Biometrics: future evidential challenges for criminal jury trials. Professor Liz Campbell (Monash) will discuss how forensic biometrics is and could be deployed in criminal trials, considering the implications for the presentation of such evidence to juries.
  • Does Rape Complainant Demeanour Influence Credibility? - Faye Nitschke, as PhD candidate from UQ will share her work on her thesis topic.

New Zealand Jury Reform Up-date by Professor Warren Young, who is a member of the Criminal Justice Advisory Group set up by the New Zealand government to provide advice on reforms to the criminal justice system.

Conference Organisers and Presenters
Greg Byrne PSM is Special Counsel to Criminal Law Reform in the Department of Justice and Regulation (Vic). He has worked in policy for 20 years. Prior to becoming Special Counsel in 2015, Greg was the Director of Criminal Law Review, and before that, Legal Policy in the Department of Justice. He has led major policy and legislative reform processes including the Criminal Procedure Act 2009, sexual offence reforms in 2014 and 2016 and the Jury Directions Acts 2013 and 2015. He is the Chair of the Jury Directions Advisory Group that has led the process of jury direction reform in Victoria since 2010. He was Victoria’s representative on the Model Criminal Code Officers’ Committee from 1997 to 2010. In 2014 he was awarded the Public Service Medal for outstanding services to criminal law. Prior to working in policy, Greg worked at the Office of Public Prosecutions (Vic) for eight years. There he was involved in prosecuting a variety of different offences from murder to sexual offences to property crimes. This included the first prosecution of a corporation for negligently causing serious injury. While primarily working as a solicitor, he also appeared in plea hearings, committal proceedings and coronial inquests. Greg is currently a PhD candidate at Monash University – his thesis is focused on adopting a jury-centric approach to make the issues in a criminal trial comprehensible to the jury.
Professor Liz Campbell is the inaugural Francine McNiff Chair in Criminal Jurisprudence at Monash University, having previously been Professor of Criminal Law at Durham University (UK). She is also adjunct professor at Queensland University of Technology’s School of Justice and is a former Fulbright Scholar. Professor Campbell’s research focuses primarily on how the criminal law is deployed to address sophisticated, profit-driven crime, both by otherwise legitimate corporate entities as well as networks of organised crime. Another strand of her research looks at the use of biometrics in investigation and prosecution, and she is a member of the UK Home Office Biometrics and Forensics Ethics Group. Her research has been funded by the Research Council UK’s Partnership for Conflict, Crime and Security, the UK's Arts and Humanities Research Council, the Law Foundation of New Zealand, the Fulbright Commission, the Modern Law Review and the Carnegie Trust.
Professor Jonathan Clough teaches and researches in the areas of criminal law and evidence, with a particular focus on corporate criminal liability, judicial communication with jurors, and cybercrime. He has co-authored a number of interdisciplinary articles and reports on juries, and has presented his research to judicial officers, policymakers and academics in Australia and internationally. He was a member of the advisory committee to the Victorian Law Reform Commission on Jury Empanelment, and is a member of the Victorian Department of Justice Jury Directions Advisory Group. He is currently a Chief Investigator on an ARC funded project with the Victorian Department of Justice looking at improving judicial communication with jurors.
Kevin Doyle was admitted in 1987 and has worked as a criminal lawyer since admission. He has been at the Bar since 1995. As a solicitor, Kevin worked at the Victorian Aboriginal Legal Service and the Victorian Legal Aid Commission. In 2001, he took leave from the Bar for a position at NAALAS in Darwin as defence counsel in criminal cases. As a barrister, Kevin has appeared as counsel for the defence and the prosecution in jury trials since 1999 in both the County and Supreme Courts. He has appeared as defence and prosecution counsel in countless jury trials involving sexual offences with a focus on prosecution work since 2005. In July 2018, Kevin was appointed a Crown Prosecutor.
Associate Professor Jacqueline Horan is a jury researcher. She holds the position of Associate Professor of Criminal Law at Monash University and is a member of the Victorian Bar (academic). Jacqueline's interest in the art of courtroom persuasion underpins her jury research. Her book 'Juries in the 21st Century' (2012) explores the impact of technology on the jury system and, in particular, on the way barristers, judges and witnesses communicate with the jury. For further details about the book, go to The Federation Press website. Her latest Australian Research Council Linkage projects involved interviewing 115 Australian jurors and exploring their perceptions of the expert evidence presented to them. The preliminary results of these projects are published in Freckelton, Goodman-Delahunty, Horan and McKimmie, ‘Expert Evidence and Criminal Jury Trials’ (2016, OUP (UK).
Dr Bianca Klettke is a psycho-legal researcher at Deakin University with a focus on investigating factors impacting on sexual violence and sexting. Having published over 30 papers in the field, Dr Klettke investigates how victims of sexual violence are perceived, including issues of consent and credibility. Her research has focused on both child and adult sexual abuse as well as family violence and the jury decision-making that occurs around these topics. It is the aim of this work to inform legal bodies and policy makers about how to minimise sexual violence and how to improve victims’ experiences in the legal system.
Associate Professor Blake McKimmie is an Associate Professor in the School of Psychology at The University of Queensland. His teaching focusses on the psychology of criminal justice in an on-campus course and free online course with over 75,000 enrolments (http://psy.uq.edu.au/71l). His research focusses on juror and jury decision making, and in particular on factors that contribute to victim blame in cases involving allegations of sexual assault and rape. His recent work examines the interplay between stereotypes about sexual assault and stereotypes about consensual sex, and how these influence victim blame.
Julie Morrison, Learning and Development Consultant, Human Resources, Office of Public Prosecutions Victoria, is a self-confessed crazy dog lady with a science and education background. A lifetime of working with her own dogs lead her to introduce and now manage the first Victim Support Dog Program to be run in Australia at the Office of Public Prosecutions. As Support Dog Project Coordinator at the OPP, Julie is passionate about helping make the legal journey easier for people and extending the role of the dog in the legal system. Julie is a recipient of a 2018 Churchill Fellowship to study court dog programs overseas.
Her Honour Judge Meryl Sexton was appointed to the County Court in 2001. Before that, she had been a Crown Prosecutor since 1995. In October 2005, she became the inaugural Judge in Charge of the Sex Offences List in the County Court, a position which she held for four years. She returned to that position in 2015, and has continued in the role.
Judge Sexton has lectured extensively on the practice and procedure of criminal law to a variety of groups, particularly in relation to sexual offences, and the evidence of children. Her Honour has been a member of the JCV Editorial Committee for the Victorian Criminal Charge Book and the JCV Sexual Assault Multi-Disciplinary Steering Committee, and a member of the AIJA Editorial Committee for the Benchbook for Children Giving Evidence in Australian Courts.
Judge Sexton was a member of the Advisory Committee to the Victorian Law Reform Commission on Sexual Offences: Law and Procedure, and of the State Government’s Sexual Assault Advisory Committee and its Criminal Law Review: Sexual Offences Advisory Committee. She has been a member of the Advisory Committee for the Child Witness Service since its establishment in 2007, and continues to be a member of the State Government’s Jury Directions Advisory Group.
From 2004-2014, she was on the Council of the Victorian Institute of Forensic Medicine.
Professor David Tait is a scholar in criminology and sociology with a background in social statistics, guardianship and mental health, sentencing, jury research and urban sociology. Prior to taking up the position at Western Sydney University, David was Associate Professor/Senior Lecturer at the Law School of the University of Canberra from January 2005 until May 2009. Professor Tait is currently the Co-ordinator of the Court of the Future Network. He has a special interest in justice processes, particularly how justice is performed and experienced in different cultural and national settings. This has led to research on juries, mental health and guardianship tribunals, restorative justice conferences, court safety and remote witness communications. In this, he collaborates with a range of academic fields including law, psychology, forensic science, architecture, media studies and management. He is currently leading large cross-disciplinary teams in three ARC Linkage grants and one ARC Discovery grant.
Dr Yvette Tinsley is a Reader in the Faculty of Law, Victoria University of Wellington. Her teaching and research interests lie in the fields of criminal law and justice, penal policy, and law and science (particularly eyewitness and expert evidence). She has worked as a consultant with groups including the New Zealand Law Commission, Ministry of Justice, New Zealand Defence Force and New Zealand Police. Yvette was a primary researcher on the original New Zealand Jury Study, and her recent research includes judicial communication and direction to jurors; media intrusion and harm; and alternative justice processes in New Zealand based Pasifika communities. She is the co-author of From 'Real Rape' to Real Justice: Prosecuting Rape in New Zealand (VUP), on pre-trial and trial reform in sexual cases; and The Evidence Act 2006: Act and Analysis (Thomson Reuters).
Graham Turnbull graduated from Macquarie University in 1983, with a Bachelor of Arts/Bachelor of Laws (Honours). He worked as a solicitor in private practice, but principally in legal aid, in NSW for five years before moving to England in 1989, where he was employed in the Crown Prosecution Service Special Case Work division, London. In 1990 Mr Turnbull was called to the bar by Gray's Inn, London and practiced privately specialising in criminal law from the prestigious 3 Hare Court (now 2 Bedford row) until 1994. Returning to Australia, Mr Turnbull was admitted to the NSW Bar in 1994 and has practiced principally as a trial lawyer in crime at Forbes Chambers. He took Silk in 2007. Mr Turnbull has experience conducting jury trials in all jurisdictions in England and Wales and in Australia. Mr Turnbull is a research partner with the Courtrooms of the Future Project and as a result of his continuing practice, has conducted trials in recent years involving all types of video evidence. Mr Turnbull has previously spoken on the topic of remote evidence and recently conducted a remote evidence demonstration at Cisco Systems in California.
Mark Wilde, Director of Architectus, advocates successful project delivery that aligns client aspirations with innovative design, essential functional requirements, inspired development principles and environmental responsibility. Mark has great breadth of experience and knowledge – with over 35 years’ experience on a wide range of projects: for private, commercial and government clients, delivered under both traditional and collaborative contracting models.
Mark’s is able to provide guidance, management and leadership in a rational, straight-forward and sociable manner – an enormous benefit to clients and projects.
Over three decades, Mark’s skills have provided Architectus’ clients, consultants, colleagues and staff with clarity and certainty – championing excellent client service and pursuing quality in all management practices and processes. Mark’s capacity to analyse and retain information is complemented by his ability to grasp complex issues and relationships. He can quickly distil essential issues and then communicate strategic information in a clear and uncomplicated manner. Mark has an exceptional ability to foster motivation and commitment within organisational and consultant teams – he is held in the highest regard by colleagues and staff. He is very well informed and brings a great combination of enthusiasm and professional expertise to all aspects and types of projects. Mark is particularly adept in the providing solutions for complex projects that demand integration of sophisticated functions with challenging security, logistics and operational requirements.

Getting to the Venue

Information on travelling to the venue via public transport can be found here.

Information on metered parking, accessible parking and carpooling can be found here.

The event is held in the Law building, found at 15 Ancora Imparo Way. A campus map is available here.

Accommodation

Accommodation is available near the conference venue at Mannix College - Gryphon House. All enquiries can be directed to the website for more information.

Monash University Law Faculty Map

All conference enquiries can be directed to Associate Professor Jacqui Horan at jacqui.horan@monash.edu

Register here