First nations jurors, inclusion and trust

For the justice system to serve the whole of Australia, it must include all Australian citizens. First Nations members of the community rarely serve on juries, even in the Northern Territory where First Nations people are a third of the jurisdiction's population. The authors argue that, in various ways, the Australian jury selection process systematically excludes First Nations people from serving on juries. Reasons for this include the impact of peremptory challenges and also criminal history disqualifications, which at times disqualify an individual from jury service because of minor offences such as road traffic violations. Further, First Nations people appear likely to be reluctant to serve on juries due to the need for cultural safety and a deeply entrenched fear and distrust of the criminal justice system. The authors suggest that Australian Parliaments and courts need to act with boldness and according to principled application of the law to close this franchise gap.